The recent Dobbs v. Jackson Women’s Health Organisation decision by the United States Supreme Court overturned the 1973 Roe v. Wade ruling that has legally protected abortion access for almost fifty years. The Court’s decision has consequently thrown civil rights movements into disarray, raising concern around the possibility that private data could now be used to detect, investigate and prosecute those seeking abortions in many states.

These concerns have led many American’s to remove their menstruation-tracking applications, in fear that their personal data could be used against them in future, particularly in states where abortion has already been criminalised. While the 1996 Health Insurance Portability and Accountability Act (HIPAA) protects an individual’s medical records and other identifiable health information, it does not protect information collected by third-party apps or tech companies.

Popular period-tracking apps Flo and Glow have faced backlash in the past for security flaws that have failed to properly secure sensitive information and put individual user data at risk. According to the US Federal Trade Commission, Flo shared users’ fertility data (being “information regarding your marked cycles, pregnancy, or symptoms”) with third parties despite public assurances that data would not be shared “for any other purpose except to provide services in connection with the app”.

Following the ruling, companies storing user data (including people’s online search histories, information from period-tracking apps and location tracking) may be subject to online policing or the disclosure of personal information by law enforcement agencies resulting in the punishment of people who seek access to abortion services online. Such digital information can be used by law enforcement agencies prosecuting abortion cases and opens the door to more surveillance by the state. As such, many are concerned about the exploitation of such personal data against women or physicians who carry out abortions in violation of state laws.

http://honisoit.com/2022/08/privacy-concerns-awakened-as-roe-v-wade-is-overturned/