Article Summary –
Democrats in both the U.S. Congress and Michigan Legislature are actively working to protect reproductive health data before Republicans assume control in January, with Senator Elizabeth Warren introducing the Health and Location Data Protection Act of 2024 aimed at curbing data brokers from trading sensitive health and location information. Despite the urgency expressed by activists and lawmakers, such as the concerns following the Dobbs v. Jackson decision and the misuse of data by brokers, experts like David Cohen acknowledge that the bill may not advance due to the political landscape and timing, suggesting it primarily serves as a tool for messaging and highlighting political stances. In Michigan, a similar bill, S.B. 1082, has passed the state Senate and awaits a House vote, with pressure mounting as the legislative session nears its end and the House prepares for a Republican majority in January.
Democrats in U.S. Congress and Michigan Legislature are racing to safeguard reproductive health data before Republicans assume control in January.
On Dec. 11, Sen. Elizabeth Warren and other Democrats introduced the Health and Location Data Protection Act of 2024.
The legislation seeks to prohibit data brokers from selling or sharing health and location data.
“Data brokers are profiting immensely from selling personal data, including clinic visit locations,” Warren stated, emphasizing the $200 billion data brokerage industry. “As Republicans intensify efforts to criminalize abortion, protecting privacy is critical.”
The overturning of Roe v. Wade in June 2022 by Dobbs v. Jackson Women’s Health Organization has heightened concerns over reproductive health data security, especially in states with abortion bans.
Albert Fox Cahn, founder of the Surveillance Technology Oversight Project, warned in an NPR interview that location and ad data from various apps can compromise abortion privacy, not just period trackers.
Though data brokers assert health data is anonymized, NOTUS reported that Atlas Privacy tracked a phone from a Florida abortion clinic to a Mississippi home using a law enforcement tool.
Farah Diaz-Tello of If/When/How emphasized, “Data misuse is causing panic over monitoring reproductive choices.”
David Cohen, a Drexel University law professor, mentioned Warren’s bill won’t pass soon. With a Republican majority in the House and Senate, reintroduction next year is improbable.
“This is about messaging, fundraising, and stating political viewpoints,” Cohen explained. Lawmakers use such bills to communicate their stance, even if they don’t pass.
Michigan Democrats proposed a similar bill. S.B. 1082 aims to regulate reproductive health data handling and passed the state Senate on Dec. 6 without Republican backing.
Michigan Sen. Mallory McMorrow noted, “People assume medical data shared voluntarily is protected, but often it’s not.” She highlighted the biometric data in devices that could be misused.
Gov. Gretchen Whitmer expressed concerns over data misuse affecting apps like menstrual trackers.
The Michigan House will shift to a Republican majority in January.
Jess Travers from the Michigan House Democratic Caucus mentioned a possible vote before the session ends.
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