GEOFF MULVIHILL : “State Governments Protecting Health Data in Abortion Battle”

By | February 17, 2024

– State government protecting health data in abortion debate
– State government health data protection in abortion conflict.

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Recent revelations about the use of cellphone location data to target individuals with anti-abortion ads have sparked a heated debate over privacy and the protection of sensitive health information. A U.S. senator’s report exposed how millions of these ads were sent to people who had visited Planned Parenthood offices, raising concerns about the potential misuse of personal data.

While federal law prohibits medical providers from sharing health data without consent, digital tech companies are not bound by the same restrictions. This loophole has allowed for the tracking of menstrual cycles and individuals’ locations, which can then be sold to data brokers. Efforts to introduce federal bans on this practice have faced opposition from the tech industry, creating a regulatory grey area.

The Political Divide

The issue of protecting reproductive health information has become a contentious political issue, with Republican-controlled states imposing restrictions on abortion while Democratic states seek to safeguard access to reproductive healthcare. The recent overturning of Roe v. Wade by the U.S. Supreme Court has further intensified the debate, with privacy advocates warning of potential harm to individuals seeking abortions.

Advocates for abortion rights fear that the misuse of such data could not only result in targeted ads but also be used in law enforcement investigations or by anti-abortion groups seeking to intimidate individuals. Washington state Rep. Vandana Slatter, a proponent of privacy legislation, emphasised the harmful implications of unauthorized use of health information.

Call for Federal Intervention

A report from Sen. Ron Wyden revealed a significant anti-abortion ad campaign that targeted individuals who had visited abortion providers. The campaign utilised data from a now-defunct data broker to send millions of ads across multiple states. Wyden has called on the Federal Trade Commission to intervene in the bankruptcy case of the data broker to ensure the destruction of collected location information.

Similar cases have emerged in the past, with Massachusetts reaching a settlement in 2017 with an ad agency over a similar campaign. The FTC has also taken action against data brokers for deceptive practices related to the sale of personal data, highlighting the need for stronger privacy regulations.

State-Level Protections

States have started to take matters into their own hands by passing laws aimed at safeguarding sensitive health information. Washington, Connecticut, Nevada, New York, California, and Maryland have all enacted laws to protect health data privacy, with a focus on preventing the unauthorized sharing of personal information.

Illinois, in particular, has implemented laws to restrict the sharing of health tracking data and prevent the provision of government data to law enforcement in states with abortion bans. Other states, including Hawaii, Maine, Massachusetts, Missouri, South Carolina, and Vermont, have introduced bills to address privacy concerns surrounding reproductive health information.

Debating the Future

The debate over the use of cellphone location data in anti-abortion ads continues to unfold, with lawmakers and privacy advocates pushing for stronger protections. While some argue that laws are necessary to prevent the misuse of sensitive information, others remain sceptical about the effectiveness of regulations in the face of corporate interests.

As the issue gains more attention, the need for comprehensive privacy legislation to safeguard individuals’ reproductive health information has never been more urgent.

Reporting by Geoff Mulvihill from Cherry Hill, New Jersey. Contributions from Associated Press reporters Frank Bajak in Boston and Sarah Rankin in Richmond, Virginia.

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State governments protect health-related data abortion battle
State governments protect health-related data abortion battle.

   

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