Your Period Data is the New Battleground: How the ‘My Body, My Data Act’ Attempts to Shield Reproductive Health in a Post-Roe World
Nearly one in four U.S. women have experienced unwanted contact or stalking, and now, in a post-Roe v. Wade America, their most personal health data is increasingly at risk of being weaponized against them. From period tracking apps to location data and online searches, the digital footprints of reproductive healthcare are becoming targets for law enforcement and anti-abortion activists alike, prompting a new wave of legislation aimed at protecting this sensitive information.
The Fight for Reproductive Data Privacy
Three Democratic members of Congress – Representative Sara Jacobs of California, Senator Mazie Hirono of Hawaii, and Senator Ron Wyden of Oregon – are spearheading the effort with the My Body, My Data Act. This bill seeks to fundamentally limit how companies can collect, use, retain, and disclose reproductive health information. The core principle? Data collection should be minimized to only what’s essential for providing a specifically requested service. This encompasses a broad range of data points, including pregnancy status, menstrual cycles, abortion access, contraception use, and related healthcare information.
“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,” Representative Jacobs explained. “All of those things are tracked online, and none of those are protected right now.”
From Facebook Chats to License Plate Readers: The Reality of Data-Driven Persecution
This isn’t a hypothetical concern. The post-Roe landscape has already demonstrated the potential for data to be used against individuals seeking or providing reproductive care. In 2022, a Nebraska teenager and her mother faced criminal charges based on Facebook Messenger conversations shared by the social media giant. More recently, in 2023, anti-abortion activists leveraged cellphone location data to target individuals visiting Planned Parenthood clinics with unwanted messaging. Even more alarming, a Texas police officer reportedly searched automatic license plate reader data – even across state lines – to identify a woman suspected of self-managing an abortion. Vice News reported extensively on this case, highlighting the chilling effect of such surveillance.
The Rise of Self-Managed Abortions and Online Tracking
The increasing accessibility of abortion pills online has further complicated the issue. Orders for these medications have surged as access to traditional abortion services has become restricted in many states. This shift to online services creates a new trail of digital data that could potentially be exploited. Furthermore, the fear of criminalization extends beyond abortion itself, with advocates warning that even searching for information about miscarriages could put women at risk of legal scrutiny.
Beyond the Bill: State-Level Action and the GDPR Model
While the My Body, My Data Act faces an uphill battle in a Republican-controlled Congress, momentum is building at the state level. Washington state passed the My Health, My Data Act in 2023, a landmark law that grants residents greater control over their personal health information, including reproductive healthcare data. This law requires companies to obtain authorization before selling this data and allows individuals to demand its deletion.
Representative Jacobs points to the European Union’s General Data Protection Regulation (GDPR) as a potential model for federal legislation. “I use a period tracker run by a company based in Europe that is subject to the GDPR,” she stated, emphasizing the robust privacy protections afforded by the European standard.
What Can You Do Now?
Protecting your reproductive health data requires proactive steps. Consider using period tracking apps based in countries with strong data privacy laws, like those within the EU. Be mindful of the information you share online, and utilize privacy-focused search engines and browsers. While not a complete solution, these measures can help minimize your digital footprint.
The Future of Reproductive Privacy: Data Brokers and Beyond
The My Body, My Data Act, as Senator Wyden acknowledges, doesn’t address every aspect of reproductive data privacy, particularly the role of data brokers. These companies collect and sell vast amounts of personal information, often without individuals’ knowledge or consent. Closing this loophole will be crucial in the future. The broader trend towards increased surveillance and data collection suggests that the fight for reproductive privacy will likely extend beyond legislative efforts, requiring ongoing vigilance and advocacy.
What are your predictions for the future of reproductive data privacy? Share your thoughts in the comments below!
