1. Short title This Act may be cited as the Upholding Protections for Health and Online Location Data Privacy Act of 2023 or the UPHOLD Privacy Act of 2023 . 2. Privacy of health data (a) Prohibition on the use of health data in commercial advertising It shall be unlawful for any covered entity to use the health data of an individual that is collected from any source (including data volunteered by an individual, medical center-derived data, data from a wearable fitness tracker, data from web browsing history, or any other source determined appropriate by the Commission) for commercial advertising. (b) Minimization of collecting, retaining, using, and disclosing health data A covered entity may not collect, retain, use, or disclose health data except— (1) with the express consent of the individual to whom such data relates