Data Privacy and Abortion Limits Set to Collide After Roe

Specifically, the FTC said data related to women’s reproductive issues could be weaponized, with “products that track women’s periods, monitor their fertility, monitor their contraceptive use, or even target women who are considering sex.” abort”.

Congressional efforts

Congress is considering a federal data privacy bill that has bipartisan support from leaders of the House Energy and Commerce Committee Frank Pallone Jr.DN.J., and Cathy McMorrisRodgersR-Wash., and Sen. Roger OsierR-Miss., but some experts say the measure as it stands would not protect data about women’s reproductive choices.

Kirk J. Nahra, privacy attorney at WilmerHale and co-chair of the firm’s big data, cybersecurity and privacy practices, said no law would be an easy fix for the situation.

Nahra said the compromise bill, if passed in its current form, “will improve some of the risks,” but will not eliminate the risks associated with Dobbs. “I don’t know how you would revise this law to eliminate the Dobbs risks,” he said.

“The federal legislation on the table right now would not be enough to protect anyone from the harms we worry about, including people seeking reproductive care,” said Hayley Tsukayama, senior legislative activist at the Electronic Frontier Foundation, who supports the legislation. of the representative Sarah JacobsD-California and Sen. Mazie K. HironoD-Hawaii, which focuses on protections specific to reproductive and sexual health information.