Center for American Progress

RELEASE: Stopping the Abuse of Tech in Surveilling and Criminalizing Abortion
Press Release

RELEASE: Stopping the Abuse of Tech in Surveilling and Criminalizing Abortion

Washington, D.C. — A new report from the Center for American Progress examines how apps and consumer data could be weaponized to criminalize people who are seeking, providing, or supporting abortion care and what steps people can take to protect themselves. 

Even before the U.S. Supreme Court overturned Roe v. Wade, law enforcement agencies could access individuals’ sensitive reproductive information to monitor and criminalize people seeking abortion care. The danger of such actions is glaring in the face of state abortion bans and a lack of robust state and federal privacy laws. Technology and telecommunication companies’ collection of—and law enforcement’s access to—vast amounts of data, including from location tracking and period-tracking apps, poses significant privacy challenges.

While the Health Insurance Portability and Accountability Act (HIPAA) protects certain sensitive reproductive health information, not every business that collects health information is required to adhere to HIPAA, leaving many pregnant people at risk of having their sensitive reproductive health information used criminally. This report provides an overview of how this sensitive reproductive health information can be misused to criminalize individuals who seek out or travel to get an abortion. It also provides recommendations for a more private and secure future for all Americans and guidance on what actions people can take to secure their own devices.

“Fears of these data types being used to criminally punish abortion seekers are not theoretical,” said Kierra B. Jones, senior policy analyst for the Women’s Initiative at CAP. “Pregnant people and their supporters already live in fear of criminalization, and the weaponization of their online data further proves why these fears are justified.”

Read the report: Stopping the Abuse of Tech in Surveilling and Criminalizing Abortion” by Kierra B. Jones

For more information or to speak with an expert, please contact Sarah Nadeau at [email protected] 

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