Representatives Deborah Ross (NC-02), Ted Lieu (CA-36), Sara Jacobs (CA-51), Hillary Scholten (MI-03), and Maxwell Frost (FL-10) reintroduced the Reproductive Data Privacy and Protection Act. This legislation would prevent law enforcement from improperly surveilling women receiving reproductive health care, including preventing access to health messaging apps, period trackers, and geolocation data. Since the Supreme Court overturned Roe v. Wade, law enforcement agencies have used surveillance data to track and prosecute women and their health care providers for abortions. This legislation would protect Americans’ reproductive data privacy by limiting law enforcement access to reproductive and sexual health services data. Specifically, the bill protects information related to abortion and IVF care, the use or purchase of contraceptives, pregnancy-related conditions, and more.
“In my home state of North Carolina, we saw a dangerous 12-week abortion ban go into effect following the Dobbs decision,” said Congresswoman Ross. “Now, women are scared to get the health care they need, and doctors are facing retribution for doing their jobs. That’s why I’m proud to join my colleagues in introducing the Reproductive Data Privacy and Protection Act, which would prevent government and law enforcement entities from collecting data that would be used to prosecute or criminalize women seeking reproductive care. This bill offers essential protections for women in North Carolina and nationwide who are facing real threats to their health care.”
“Patients should be able to make medical decisions in consultation with their doctors without fear of law enforcement involvement,” said Congressman Lieu. “This fundamental right to privacy extends to the data used in medical settings and for treatment and care. We are reintroducing this bill because law enforcement should not have the ability to use private medical data against anyone seeking reproductive or sexual health care. Criminalizing women’s health is draconian and dangerous – and I am pleased to join my colleagues in fighting for these necessary protections.”
“Prosecutors and law enforcement are weaponizing every tool at their disposal to investigate and enforce abortion bans and restrictions,” said Congresswoman Jacobs. “And now that people are increasingly turning to online abortion clinics for care, people are increasingly left wide open and vulnerable to the unregulated digital surveillance system. That’s why I’m proud to co-lead the Reproductive Data Privacy and Protection Act to ban law enforcement from using surveillance and other data collection methods to investigate or prosecute abortion patients or those helping them. Decisions about if, when, and how to grow a family should be private – and our data should be too.”
"No one should have to fear that their private health decisions could be tracked, surveilled, or criminalized," said Congresswoman Scholten. "In the wake of the Dobbs decision, we've seen law enforcement weaponize personal data to target people seeking reproductive care--including abortion, IVF, and even birth control. The Reproductive Data Privacy and Protection Act draws a clear line: your health data is yours, and it should never be used against you. I'm proud to co-lead this legislation to defend the fundamental right to privacy and protect women from dangerous overreach."
"It's sickening to see the same Republican leaders across our country who cry wolf about big government turn to big tech to access the private digital information and even the private messages of people seeking abortion care to go after them,” said Congressman Frost. “Florida has been at the forefront of efforts to criminalize abortion; imagine what GOP leaders could do with Floridians' private texts and location information. We cannot let that happen. I'm proud to support the Reproductive Data Privacy and Protection Act in the continued fight to protect abortion access for anyone who needs it and keep our private medical decisions private."
This bill is endorsed by: Catholics for Choice, Reproductive Freedom For All, National Women's Law Center Action Fund, League of Women Voters, ACLU, Planned Parenthood Federation of America, Center for Reproductive Rights, National Partnership for Women & Families, National Council of Jewish Women, Project on Government Oversight, Center for American Progress, National Network of Abortion Funds, Power To Decide, National Abortion Federation, All* Above All, and Guttmacher Institute.
“Privacy ensures that we have the space to make decisions about our lives, including when and how to have children,” said Cody Venzke, Senior Policy Counsel, ACLU. “The Reproductive Data Privacy and Protection Act is a critical step in bolstering privacy to combat increasingly invasive efforts to criminalize our most basic rights to reproductive care and to make fundamental decisions about our lives.”
"The Center is proud to endorse the Reproductive Data Privacy and Protection Act,” said Rachana Desai Martin, Chief of Government Relations and External Affairs, Center for Reproductive Rights. “With abortion banned in 12 states, we need stronger protections for people seeking abortions now more than ever. This bill would provide important new protections for our reproductive health data and serves as an important legislative check to ensure sensitive health information remains protected from abuse."
“The growing number of state abortion restrictions means millions of women, especially women of color, are at risk of being criminalized for their pregnancy outcomes, “Jocelyn Frye, President of the National Partnership for Women & Families. “We need strong protections for those seeking care as well as for those providing abortion care, in order to keep their personal information safe. No one should be prosecuted just for seeking the health care they need, and no one should have to live in fear that their personal data will be used against them. We are grateful for Rep. Lieu's introduction of this bill to safeguard the privacy of pregnant people in the post-Dobbs landscape.”