1. State government health data protection in abortion debate
2. State government efforts to safeguard health information in abortion controversy.

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Federal Law and Digital Tech Companies: The Battle Over Health Data Privacy

Under federal law, medical providers are prohibited from sharing health data without a patient’s consent. However, there is a significant gap when it comes to digital tech companies tracking intimate information such as menstrual cycles and location data, which can then be sold to data brokers. Efforts to introduce legislation for federal bans on such practices have faced opposition from the tech industry, hindering progress in this area.

The debate around the privacy of health data has become a contentious issue in the political landscape of the United States. With most Republican-controlled states imposing restrictions on abortion, and Democratic states seeking to protect access following the overturning of Roe v. Wade by the U.S. Supreme Court in 2022, the question of safeguarding sensitive health information has taken on new urgency.

Privacy Concerns and Potential Risks

Abortion rights advocates are particularly concerned about the implications of unrestricted sharing of health data. They fear that such information could not only be used for targeted advertising but also exploited in law enforcement investigations or by anti-abortion groups seeking to harm individuals seeking reproductive healthcare.

Washington state Rep. Vandana Slatter, a champion of privacy rights, emphasised the potential harm of unauthorized use of health information, stating, “It isn’t just sort of creepy; it’s actually harmful.”

While there is currently no widespread evidence of health data being misused in law enforcement operations, advocates like Albert Fox Cahn, Executive Director of the Surveillance Technology Oversight Project, warn of future risks that need to be addressed proactively.

Recent Revelations and Calls for Action

A recent investigation by Sen. Ron Wyden revealed a significant anti-abortion ad campaign that targeted individuals who had visited abortion providers. The ads, orchestrated by The Veritas Society, leveraged data collected by a now-defunct data broker, Near Intelligence, to target specific locations across the United States.

Sen. Wyden has called on the Federal Trade Commission (FTC) to intervene in the bankruptcy case of Near Intelligence to ensure the destruction of collected location data and prevent its sale to other data brokers. He has also urged the Securities Exchange Commission to investigate potential securities fraud related to the company’s misleading statements.

This is not an isolated incident; similar cases have surfaced in the past, prompting legal action against data brokers like Kochava and X-Mode Social. The FTC has taken steps to address these privacy violations under laws against unfair or deceptive practices.

State Initiatives and Legislative Actions

States are taking matters into their own hands by passing laws aimed at protecting sensitive health information. Washington state, under Rep. Slatter’s leadership, adopted a law prohibiting the sale of personal health data without consent and preventing tracking of individuals visiting reproductive or sexual health facilities.

Connecticut, Nevada, and New York have also enacted laws addressing health data privacy concerns, each with its own unique provisions to safeguard sensitive information. California and Maryland have focused on restricting the sharing of health data among providers without explicit consent.

Illinois, a trailblazer in digital privacy legislation, introduced a new law in 2021 that prohibits the sharing of government license plate reading data with law enforcement in states with abortion bans, further underscoring the need to protect sensitive information.

Future Outlook and Challenges

As the debate over health data privacy intensifies, states across the U.S. are grappling with the complexities of regulating digital tech companies and protecting individuals’ sensitive information. Proposed bills in various states, including Hawaii, Illinois, Maine, Maryland, Massachusetts, Missouri, South Carolina, and Vermont, reflect the growing concern over data privacy in the healthcare sector.

In Virginia, a recent legislative proposal to safeguard electronic menstrual health data highlights the ongoing battle to protect intimate information from potential misuse. Advocates like Sen. Barbara Favola stress the importance of proactively addressing privacy concerns, especially in the face of political shifts that could impact reproductive rights.

While some critics question the necessity of such legislation, citing the absence of concrete examples of data misuse, privacy experts like Sean O’Brien stress the urgent need to address the exploitation of health information by tech companies. The challenge lies in ensuring compliance with laws and regulations, as companies may choose to flout restrictions and continue profiting from sensitive data.

Conclusion

The battle over health data privacy underscores the pressing need for comprehensive legislation to protect individuals from the unauthorized use of their personal information. As states navigate the complex terrain of digital privacy laws, the debate is likely to intensify, with privacy advocates and lawmakers striving to strike a balance between innovation and safeguarding sensitive data.

With ongoing developments in the regulatory landscape, the protection of health data remains a critical issue that demands attention and action at both the state and federal levels.

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Reporting by Mulvihill from Cherry Hill, New Jersey. Contributions to this article by Frank Bajak in Boston and Sarah Rankin in Richmond, Virginia.

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1. State government efforts to safeguard health-related data in abortion debates
2. Strategies by State governments to protect health information in abortion discussions.