Democrats Rally to Safeguard Data Privacy for Abortion Seekers

As the political landscape shifts, Democrats at both federal and state levels are intensifying efforts to legislate protections for sensitive reproductive health data. With an impending Republican takeover of several key legislative chambers, the urgency for such measures is palpable.

On Tuesday, Democratic Senator Elizabeth Warren from Massachusetts is reintroducing the Health and Location Data Protection Act. This legislation seeks to impose restrictions on the largely unregulated industry of data brokers, which is valued at approximately $200 billion. If passed, the bill would prohibit these brokers from selling or transferring consumer health and location data, a concern that has gained traction since the Supreme Court’s 2022 overturning of federal abortion rights protections.

Advocates for reproductive rights are increasingly worried about potential risks to the privacy and safety of abortion patients, especially in states where the procedure faces bans. Current concerns center on apps that track menstrual cycles and geographic data that may reveal visits to abortion clinics. While data brokers claim that the information they provide is anonymized, researchers have identified weaknesses that could lead to the identification of individuals who utilize these sensitive health services.

Warren highlighted the alarming profitability of data brokers, stating, “They are raking in giant profits from selling Americans’ most private information.” As Republicans move to legally restrict abortion, she underscored the need for robust privacy protections against these profit-driven entities.

The proposed legislation has garnered support from several prominent figures, including Senators Bernie Sanders, Ron Wyden, and Sheldon Whitehouse. Enforcement would fall under the jurisdiction of the Federal Trade Commission, although the bill acknowledges pre-existing patient privacy laws and First Amendment protections.

However, the proposed legislation is expected to encounter significant challenges in the Senate, where a three-fifths supermajority is necessary for advancement. Additionally, with Republicans gaining control of the House, the path forward remains uncertain.

On the state front, Michigan has also made strides to safeguard reproductive health data. The Michigan state Senate recently passed a bill, led by Democratic Senator Mallory McMorrow, prohibiting cycle-tracking apps from collecting user data without explicit consent. Governor Gretchen Whitmer supports this initiative, aiming to enact it before Republicans assume control of the state House in January.

McMorrow commented on the importance of the legislation, noting, “These tools are really valuable,” and emphasizing the need for protective measures given looming federal actions that could jeopardize data privacy.

Despite Republicans making electoral gains, voters in seven states have successfully adopted constitutional measures enshrining the right to abortion. This has resulted in twelve states affirming such rights since the pivotal ruling in Dobbs v. Jackson Women’s Health Organization.

Some states, like California and Washington, already have established laws that explicitly protect reproductive health data. Additionally, bipartisan support for health data privacy is notable, as demonstrated by a law signed by Virginia’s Republican Governor Glenn Youngkin that shields cycle-tracking data from use in legal investigations.