– state government protecting health data abortion battle
– state government health data protection abortion issue.
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As state governments and federal regulators take steps to protect individuals’ reproductive health information, a recent report by a U.S. senator has highlighted the use of cellphone location data to target anti-abortion ads at people who have visited Planned Parenthood offices.
While federal law prohibits medical providers from sharing health data without consent, digital tech companies can track menstrual cycles and individuals’ locations, selling this data to data brokers. The lack of federal legislation on this issue has raised concerns among abortion rights advocates, who fear that sensitive health information could be used in targeted ads, law enforcement investigations, or by anti-abortion groups seeking to harm individuals seeking reproductive healthcare.
Political Divide on Privacy Issues
The issue of privacy surrounding reproductive health data has become a political fault line in a country where most Republican-controlled states have implemented restrictive abortion laws, while Democratic states have moved to protect access to reproductive healthcare following the 2022 overturning of Roe v. Wade by the U.S. Supreme Court.
Washington state Rep. Vandana Slatter, who sponsored a law to protect health information, expressed concerns about the potential harm of unauthorized use of such data, stating that it goes beyond being “creepy” to being harmful.
Senator’s Investigation Reveals Anti-Abortion Ad Campaign
Senator Ron Wyden’s report exposed a major anti-abortion ad campaign that targeted individuals who had visited abortion providers. The ads, run by The Veritas Society, were directed at people who had visited 600 locations in 48 states between 2019 and 2022, with over 14 million ads in Wisconsin alone.
Wyden has called on the Federal Trade Commission to intervene in the bankruptcy case of the data broker involved in the campaign, ensuring that location information on Americans is destroyed and not sold to another data broker. He has also requested an investigation into potential securities fraud related to the handling of the data.
Legislative Efforts and State Laws
Several states have taken steps to protect sensitive health information, with laws aimed at preventing the unauthorized use of such data. Washington, Connecticut, Nevada, New York, California, and Maryland are among the states that have enacted laws to safeguard health data privacy.
Illinois recently passed a law restricting the sharing of health tracking data and banning the provision of license plate reading data to law enforcement in states with abortion bans. Other states, including Hawaii, Illinois, Maine, Maryland, Massachusetts, Missouri, South Carolina, and Vermont, are considering similar legislation.
Debate Over Privacy and Enforcement
While proponents of privacy laws argue that they are necessary to protect individuals from potential misuse of health data, critics question the need for such legislation, citing the lack of evidence of widespread abuse of this information. The debate continues as lawmakers seek to balance privacy concerns with the free flow of healthcare data for treatment purposes.
Sean O’Brien, founder of the Yale Privacy Lab, acknowledges the challenges in regulating the use of health information by companies, noting that the software supply chain is rife with location tracking. The effectiveness of laws in curbing this practice remains uncertain as companies may choose to disregard regulations to continue profiting from sensitive data.
Overall, the issue of privacy in reproductive health data remains a contentious topic, with lawmakers, advocates, and tech companies grappling with the balance between data protection and healthcare access.
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