Wyden Introduces Bill To Protect Personal Reproductive Health Data

WASHINGTON D.C. —Oregon Sen. Ron Wyden was one of three members of Congress who recently introduced legislation designed to prevent personal reproductive health data from being disclosed or misused.

The My Body, My Data Act was crafted in response to the leaked draft decision indicating the Supreme Court's plans to overturn Roe v. Wade, according to Wyden's office. Hawaii Democrat Mazie Hirono and California Rep. Sara Jacobs, a Democrat, joined Wyden in introducing the bill.

According to the bill creators, the Supreme Court decision has raised concerns that data collected by apps and websites could be used to target or arrest people if abortion is criminalized. This includes location data, search histories, and reproductive health data collected by menstruation, ovulation and pregnancy tracking apps each month.

Recent reporting has shown that consumers' personal reproductive health information often is disclosed and monetized.

The creators of the bill said that few protections currently exist to prevent this information from being collected, retained, or disclosed to third parties.

The bill would:

• Limit the personal reproductive and sexual health data that can be collected, retained, used, or disclosed to only what is needed to deliver a product or service.
• Protect personal data collected by entities not currently covered under HIPAA, including data collected by apps, cell phones and search engines.
• Require regulated entities to develop and share a privacy policy outlining how they collect, retain, use and disclose personal reproductive health information.
• Direct the Federal Trade Commission (FTC) to enforce the law and to develop rules to implement the statute.
• Create a private right of action to allow individuals to hold regulated entities accountable for violations.
• Provide additional consumer protections, including the right of an individual to access or delete their personal data if they choose.
• Include a non-preemption clause that allows states to provide further protection for reproductive and sexual health privacy.

"The draft Supreme Court opinion overturning Roe shows that the fundamental rights of a woman over her own body and privacy are on the chopping block," Wyden said. "Congress needs to step up and offer real protections for people seeking reproductive health care, and lots of people seek that care online"

Wyden continued: "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."

Wyden said he was proud to work with Hirono and Jacobs to introduce privacy protections for health data that he said have "real teeth."

"So when women and pregnant people use a period tracking app or go to the doctor, they won't have to worry about creepy third parties looking over their shoulder," Wyden said.

The bill is endorsed by several organizations including: the Planned Parenthood Federation of America (PPFA), NARAL Pro-Choice America, Electronic Frontier Foundation (EFF) and the National Partnership for Women & Families.

Read the entire text of the bill here.