Democrats propose law to block firms collecting reproductive health data amid post-Roe surveillance fears

Three Democratic lawmakers have introduced a bill to restrict companies from collecting or sharing reproductive health data, in response to growing concerns over digital surveillance following the fall of Roe v Wade.

The “my body, my data” bill was introduced in both the US House and Senate and aims to prohibit businesses from collecting, using, retaining or disclosing information about reproductive health unless that data is essential to providing a requested service.

The proposed law targets data related to pregnancy, abortion, contraception, menstruation and other reproductive health matters.

It was filed on Wednesday by Representative Sara Jacobs of California, Senator Mazie Hirono of Hawaii and Senator Ron Wyden of Oregon.

The move comes as law enforcement officials increasingly attempt to use digital trails to identify people seeking abortions since the US Supreme Court overturned Roe in 2022.

Jacobs said: “Young people live our lives online, right?

“That includes tracking our periods, but it also includes our phones tracking our location and using Google to think about your medical care or how to obtain an abortion for yourself or a friend, or ordering abortion pills online, or using an Uber to travel to an abortion clinic.

“All of those things are tracked online, and none of those are protected right now.”

Law enforcement has already accessed reproductive health data in several high-profile cases.

In 2022, Nebraska authorities filed felony and misdemeanour charges against a teenager and her mother over an abortion, using Facebook chats handed over by the social media company.

Both pleaded guilty and were sentenced to time in prison.

In 2023, anti-abortion activists used mobile phone location data to send targeted messages to individuals who had visited some Planned Parenthood clinics.

More recently, in May, a Texas police officer searched tens of automatic number plate reader cameras across multiple states – including those where abortion remains legal – while investigating a suspected self-managed abortion.

The post-Roe environment has created more opportunities for surveillance.

In recent years, online orders for abortion pills have increased, with tens of thousands more Americans using digital services to self-manage abortions.

A number of women have also faced criminal charges over miscarriages, raising concerns among reproductive rights advocates that online activity – such as searching for abortion information – could be used as evidence against them.

Wyden said: “It doesn’t deal with everything in terms of data brokers, but it does put women in a much stronger position to protect their rights.

“Reproductive rights are the ultimate privacy priority, because the fundamental right of a woman to control her own body and her own healthcare is as private as it gets.”

An earlier version of the bill was introduced in 2023. With Republicans currently holding the majority in Congress, the legislation is unlikely to pass.

Jacobs said: “I have many Republican colleagues who say they care about data privacy.

“We work together on data privacy in every other area, but when it comes to anything abortion-related, they refuse to do it.

“This is also the third oldest Congress in history, and I’ll be honest, many of my colleagues don’t understand how period-tracking apps or website searches or location data even work.”

Jacobs said she uses a period-tracking app run by a European company subject to the European Union’s General Data Protection Regulation – a legal framework that governs how businesses collect and use personal data.

While no similar protections exist at the federal level in the US, Washington state in 2023 became the first in the country to pass a state law – the My Health, My Data Act – covering health data not protected by the Health Insurance Portability and Accountability Act (HIPAA).

The law requires companies to provide privacy disclosures, seek user authorisation before selling personal data, and allows Washington residents to request that their data be deleted.

Jacobs advises people to choose apps based in states with stronger protections for reproductive health data.

She added: “If you live in a state that is really criminalising abortion and going after people, you should be careful about what you put online.”