Nevada’s Consumer Health Data Law (SB 370): What It Means for Fertility Tracking Apps

Applicability of SB 370 to Fertility Apps

Nevada’s Consumer Health Data Law (SB 370) regulates companies that determine how and why consumer health data is processed, as well as service providers that handle such data on their behalf. If your fertility tracking app collects, analyzes, or shares reproductive or sexual health information from people in Nevada, you are likely within scope, even if your business is based elsewhere.

In practice, most direct-to-consumer fertility apps act as “regulated entities” because they decide what data to collect (for example, cycle logs) and how to use it (for example, predictions or insights). Vendors that provide analytics, cloud hosting, marketing, or crash reporting often function as “processors” and must follow contractual limits. While certain data already subject to sectoral laws may be exempt, consumer-facing fertility tools typically need to comply with SB 370’s requirements.

• Covered scenarios commonly include tracking periods, ovulation, pregnancy, symptoms, medications, or sexual activity.
• Connecting wearables or importing biometrics (resting temperature, heart rate) brings additional consumer health data within scope.
• Using precise location, advertising technology, or third-party SDKs that access health-related inferences increases compliance obligations.
• Selling, licensing, or otherwise monetizing health data triggers extra duties, including Health Data Sale Authorization.

Definition of Consumer Health Data under SB 370

SB 370 defines “consumer health data” broadly. It includes information linked or reasonably linkable to an individual that identifies their physical or mental health status, care, or efforts to obtain health services. The definition is not limited to clinical records and explicitly covers derived or inferred insights.

• Reproductive and sexual health details such as menstruation, ovulation windows, fertility scores, pregnancy planning and outcomes, miscarriage, abortion, IVF, egg freezing, or contraception use.
• Biometric or genetic indicators, body temperature trends, hormone values, symptoms, mood logs, and wellness notes stored in the app.
• Precise location data or patterns that could reveal visits to clinics, pharmacies, or other medical facilities.
• Inferences generated by algorithms about likelihood of pregnancy, cycle irregularities, or health risks.

Because the scope is expansive, you should assume most data points handled by fertility tracking apps qualify as consumer health data unless they are truly de-identified and cannot reasonably be re-linked to a person.

Consent Requirements for Data Collection

SB 370 emphasizes Affirmative Consent. Before collecting consumer health data for purposes beyond what is strictly necessary to provide a feature the user requested, you should obtain clear, opt-in consent tied to a specific purpose (for example, cycle predictions, community forums, or research). Keep records showing what you asked, what the user agreed to, and when.

Sharing consumer health data with third parties generally requires a separate, explicit opt-in. If you intend to sell or license consumer health data, SB 370 expects a distinct Health Data Sale Authorization that explains what will be sold, to whom, and for what purpose, alongside an easy way to revoke authorization. Make withdrawal “as easy to give as to withdraw,” and avoid bundling multiple purposes into a single toggle.

• Use just-in-time prompts when enabling sensitive features, and provide plain-language purpose descriptions.
• Offer granular choices (for example, analytics, personalized insights, ads measurement), and default to off unless the user opts in.
• Honor withdrawals promptly and propagate them to processors that received the data.

Geofencing Restrictions Near Medical Facilities

SB 370 restricts geofencing practices around medical facilities. You may not use virtual perimeters near such locations to identify or track people, to collect consumer health data from their devices, or to send targeted messages promoting health services. These limits apply whether the geofence is implemented by your app, an advertising partner, or an SDK.

For Geofencing Compliance, fertility apps should disable location-based advertising segments around clinics, block SDKs from creating or querying health-related geofences, and include contractual prohibitions in partner agreements. Review location analytics and push-notification workflows to ensure they cannot be repurposed to target people in or near medical facilities.

• Turn off clinic-proximity triggers for ads, offers, or reminders.
• Audit third-party SDKs and push providers for hidden geofencing capabilities.
• Log and review any health-related location rules to prevent misuse.

Privacy Policy Requirements for Fertility Apps

Your app must present a clear, prominent Consumer Health Data Privacy Policy. Place it in-app and where users download or manage the service. Keep it accurate, accessible, and written in concise language users will understand.

• List the categories of consumer health data you collect and the specific purposes for each.
• Explain your data sources (user inputs, device sensors, wearables, inferences).
• Provide a Third-Party Data Sharing Disclosure naming categories of recipients (processors, analytics, cloud, research partners, marketing).
• Describe how users can exercise rights, including Data Deletion Requests and consent withdrawal.
• State retention practices, high-level Regulated Entity Security Measures, and how you verify identity.
• Display effective dates and note how material changes will be communicated.

Ensure the policy aligns with in-app behavior. Conflicts between statements and actual data flows are a common enforcement risk, especially when SDKs collect more than your policy describes.

Consumer Rights under Nevada Law

Under SB 370, people using fertility apps have meaningful control over their information. Build processes that are easy to find, simple to use, and timely.

• Right to know and access: confirm whether you process their consumer health data and provide access to it.
• Right to deletion: delete consumer health data upon request and direct processors to do the same, subject to narrow legal exceptions.
• Right to withdraw consent: stop collection or sharing tied to previously granted permissions.
• Right to information about sharing: disclose categories of third parties and the purposes of sharing.
• Right to limit sale or require authorization for sales of health data.
• Freedom from retaliation: do not degrade service for exercising rights, beyond what is necessary when data is no longer available.

Implement secure request portals, in-app controls, or email workflows with identity verification. Track requests, respond within legally required timeframes, and maintain records that demonstrate how you fulfilled them. For Data Deletion Requests, remove data from active systems, backups when feasible, and downstream processors, then confirm completion to the requester.

Data Security Obligations for App Developers

SB 370 expects Regulated Entity Security Measures that match the sensitivity and volume of consumer health data. Treat fertility data like other high-risk information and design protections into the product from the start.

• Encrypt data in transit and at rest; manage keys securely and segregate environments.
• Harden authentication with MFA, least-privilege access, role-based controls, and regular access reviews.
• Apply data minimization, purpose limitation, retention limits, and automatic deletion schedules.
• Perform risk assessments, threat modeling, and secure SDLC with code reviews and dependency scanning.
• Monitor logs for anomalous access; maintain incident response and breach notification playbooks.
• Use strong processor contracts, data maps, and DPIAs for new features or partners, especially SDKs and ad tech.

In short, collect only what you need, secure it rigorously, be transparent, and give users control. Doing so positions your fertility tracking app to meet SB 370’s requirements while maintaining trust with your community.

FAQs

What consumer health data does SB 370 protect?

SB 370 protects information linked or reasonably linkable to a person that reveals their physical or mental health, health services sought, or payment for such services. For fertility apps, this includes cycle logs, ovulation predictions, pregnancy planning and outcomes, symptoms, biometrics from wearables, precise location that could reveal clinic visits, and inferences your algorithms generate.

How does SB 370 affect data sharing by fertility apps?

Sharing consumer health data with third parties generally requires a separate opt-in from the user, plus clear disclosure of who receives the data and why. If you sell or license consumer health data, you need a Health Data Sale Authorization that explains the transaction and provides an easy way to revoke it. You must also flow restrictions to processors via contract and honor withdrawals across partners.

What are the consent requirements under Nevada law?

Obtain Affirmative Consent before collecting consumer health data for purposes beyond what is necessary to deliver a requested feature, and obtain separate consent before sharing it. Make choices granular and revocable, record consent metadata, and avoid bundling unrelated purposes. If selling health data, secure a distinct, revocable authorization.

Can fertility apps use geofencing near medical facilities?

SB 370 restricts the use of geofences around medical facilities to identify or track people, to collect consumer health data, or to push targeted promotions for health services. Fertility apps should disable clinic-proximity targeting, audit SDKs, and include Geofencing Compliance clauses in partner agreements.

How can consumers withdraw consent or request data deletion?

Provide an in-app control, web form, or email workflow where users can withdraw consent or submit Data Deletion Requests. Verify identity, act promptly, and confirm completion. Deletions should extend to processors and backups where feasible, and you should document the request, actions taken, and any limited exceptions that required retention.