In a last-ditch effort to protect constituents from criminal prosecution for seeking abortion services, Democrats across the country are pushing legislation to safeguard reproductive health data. Meanwhile, 12 states have already enshrined the right to abortion in their constitutions. Now, with Republicans poised to assume control of both chambers of Congress and the White House, Michigan is enacting measures to establish protections around reproductive health access and data privacy.
The data broker industry is currently valued at $390 billion and is projected to grow to $560 billion by 2030. However, despite its rapid expansion and increasing influence, regulation of this industry has lagged significantly, leaving critical gaps in oversight and accountability.
These concerns highlight how easily private information can be exploited. “I think a lot of the perception is that, because this is medical data, that my voluntarily entering it into a service that is supposed to provide me with a service in return, means that my data is protected, and far too often that is not the case,” explained Michigan State Senator Mallory McMorrow. She further warned, “I don’t think people realize how much information, biometric data is in our watches, in our phones. They can be used against us.”
Senator Elizabeth Warren echoed these privacy concerns: “Data brokers are raking in giant profits from selling Americans’ most private information – even location tracking data from visits to clinics for reproductive care. As Republicans ramp up efforts to criminalize abortion, it’s more important than ever to crack down on greedy data brokers and protect Americans’ privacy.” Warren and others have introduced federal legislation to address these threats, including the Health and Location Data Protection Act, which aims to ban the sale of Americans’ sensitive health and location data without consent. However, the bill has yet to pass in a divided Congress.
At the state level, Democrats are taking action to fill the gaps. On December 5, 2024, the Michigan Senate passed Senate Bill 1082, known as the Reproductive Health Privacy Act. Sponsored by Democratic Senator McMorrow, this legislation would ban cycle-tracking apps from collecting and storing users’ data without explicit consent. The bill, supported by Governor Gretchen Whitmer, seeks to ensure users retain control over their sensitive information. Democrats are racing to finalize the legislation before Republicans take control of the Michigan House in January.
Combined with sweeping anti-abortion legislation under another Trump administration, the lack of data privacy protections could create unprecedented surveillance. Law enforcement could subpoena data brokers for individuals’ fertility app data, location history near clinics, or medical appointment scheduling information. This digital trail could be used to build cases against people seeking abortions, even across state lines. While other states consider their own data privacy legislation to protect reproductive health information, privacy advocates are raising concerns. They warn that without federal legislation, Americans’ sensitive health data remains vulnerable to exploitation in states without such protections.
SOURCES
https://19thnews.org/2024/12/democrats-data-privacy-people-seeking-abortions/