Since Supreme Court voted to overturne Roe v. Wade and states have sprung into action to restrict or ban abortion, some women have refused to use apps that track their fertility and menstrual cycles because they fear their data could be used against them.

What You Need To Know

  • Since Roe v. Wade was overturned, some women have been refusing to use apps that track their fertility and menstrual cycles because they fear their data could be used against them

  • Rep. Sarah Jacobs, D-Calif. introduced a bill called the My Body, My Data Act that aims to protect women's reproductive information 
  • The bill, if passed, would require entities to share privacy policies on how data is being collected and protected, a policy the U.S. doesn't have in place on a federal level

  • To date, just five states – California, Colorado, Connecticut, Utah and Virginia – have comprehensive consumer data privacy laws

In June, Rep. Sarah Jacobs, D-Calif., and Sens. Ron Wyden, D-Ore., and Mazie Hirono, D-Hawaii, introduced a bill called the My Body, My Data Act that aims to protect women's information.

"No one’s reproductive information should be used against them," Jacobs said. 

The My Body, My Data Act would limit how personal reproductive health data is collected and shared. The bill aims to protect data from period-tracking apps that the federal health care law known as HIPPA does not currently protect. 

"Congress needs to step up and offer real protections for people seeking reproductive health care, and lots of people seek that care online," Wyden said in a statement. "It is just common sense that data brokers, tech companies and advertisers shouldn’t be able to put personal, sensitive information on the public auction block for anyone with a credit card"

More and more women in recent months are deleting their cycle tracking apps, concerned that information about missed periods and other health data could be used in legal proceedings as potential evidence.

Jade Lewis of New York says she deleted her tracking app in the aftermath of the leaked draft opinion in May which showed the Supreme Court would overturn the constitutional right to an abortion..

“One of the first tweets I read was of a woman who was like, if you have one of these period tracking apps, you should seriously delete it," Lewis said.  

Lewis said the tweet suggested women write their menstrual data in a book because of "information that these companies have, they technically own" and she feared courts could use the information against her. 

She used an app called Flow Period and an ovulation tracker. Although she lives in a state unlikely to ban abortions, she decided using the app was too much of a risk.

"The apps are so helpful in so many ways [and] unfortunately, it's come to a place where it could be weaponized against the people who want to use it and need to use it," Lewis told Spectrum News.  

Rep. Jacobs says it is an issue that hits close to home for her too which is why she authored The My Body, My Data Act.

“I'm a young woman and like many people across the country, I use a period tracking app," Jacobs said. 

The Congresswoman also shared that last year she had "frozen [her] eggs" and finds these tracking apps to be "very helpful" for women who have issues “freezing [their] eggs and fertility [issues].”

The bill requires entities to share privacy policies on how data is being collected and protected.

“It's still the Wild West out there. When it comes to cybersecurity and privacy in the United States," Lance Hoffman, founder of the Cybersecurity and Private Institute at George Washington University, told Spectrum News. 

Hoffman added that the United States is a country that does not have an Omnibus Privacy Law, which nationally recognizes the intent of data processors, "Quite unlike a few other countries, and as a result, states are leading the way.”

To date, just five states – California, Colorado, Connecticut, Utah and Virginia – have comprehensive consumer data privacy laws. Experts say that the biggest misconception is that health data collected by these apps are not protected under HIPAA.

“Most people just download things and load and go, that's not a good idea. It's a good idea to download the app, look at the options, and take the time to set your settings the way you want. If something doesn't look right to you, or you're not happy with it, don't use that app, look for another app, read the user reviews,” Lance said. 

While the bill’s future is unclear, experts say the best line of defense, experts say, is to read the fine print and know how the app you're using is protecting your data.