The term “personal information” is defined broadly to mean “individuallyidentifiable information”, including (1) an individual’s first name, or first initial, and last name;(2) a home or other physical address; (3) a Social Security number; (4) a driver’s license numberor state identification card number; and (5) information concerning a minor that is collected incombination with an identifier described above.
The use of the word “including” suggests thatthe data elements enumerated above are not exhaustive. An e-mail address, for example, wouldlikely be encompassed by the definition of “personal information” as well.The term “health related information” is defined to mean “any information about anindividual or a member of the individual’s family relating to health, nutrition, drug or medicationuse, physical or bodily condition, mental health, medical history, medical insurance coverage orclaims or similar data.”
The term “health-related information” includes “any information aboutan individual,” regardless of whether that information is personally identifiable healthinformation. It also would include information regarding individual food preferences, individualperformances in sports contests, and purchases of over-the-counter medicines.
Chapter 230 Prohibits the Transfer and Sale of Information
Chapter 230 makes it unlawful to “sell, offer for sale or otherwise transfer to anotherperson health-related information or personal information about a minor if that information”: (1)was unlawfully collected, as described in Section I(A) above; (2) individually identifies theminor; or (3) will be used to engage in “predatory marketing”, as described below.
Thisprohibition applies even where the information was obtained from someone other than the minor,such as a doctor, school or parent. It applies even where Plaintiffs have obtained, through great