As concerns grow among state, federal, and international regulators regarding the potential harms of the internet and new technologies, lawmakers are considering various proposals to protect vulnerable users. The Electronic frontier Foundation (EFF) has voiced its support for Rep. Sara Jacobs‘ newly reintroduced “My Body, My Data” Act. This bill aims to protect the privacy and safety of individuals seeking reproductive health care, while upholding constitutional protections and preventing the weakening of end-to-end encryption.

The proposed legislation seeks to ensure that privacy concerns do not impede access to healthcare. It would require businesses and non-governmental organizations to handle personal information related to reproductive health care responsibly, limiting the collection, use, retention, or disclosure of such information to what is essential for providing requested services.

Key provisions of the my Body, My Data Act

The bill would protect people who use fertility or period-tracking apps or are seeking information about reproductive health services.

The restrictions outlined in the bill would apply to companies that collect personal information concerning a person’s reproductive or sexual health. This includes data related to pregnancy, menstruation, surgery, termination of pregnancy, contraception, basal body temperature, or related diagnoses. As an example, the bill aims to protect individuals using fertility or period-tracking applications, or those seeking information about reproductive health services.

The bill is supported by organizations including Planned Parenthood federation of America, reproductive Freedom for All, Physicians for Reproductive Health, National Partnership for Women & Families, National Women’s Law Center, Center for Democracy and Technology, Electronic Privacy Information Center, National Abortion Federation, Catholics for Choice, National Council for Jewish Women, Power to Decide, United for Reproductive & Gender Equity, Indivisible, Guttmacher, National network of Abortion Funds, and All* Above All.

In addition to data processing restrictions, the bill grants individuals the right to access and delete their reproductive health information. Companies would also be required to publish privacy policies, ensuring openness about the information they process and why. The Federal Trade Commission (FTC) would have the authority to enforce these promises.

The bill includes a private right of action, allowing individuals to sue companies that violate their privacy. This provision aims to empower individuals and ensure companies take the regulations seriously.

While establishing a national privacy foundation, the bill allows states to enact stronger laws to further protect the data privacy of those seeking reproductive health care.

The EFF has expressed gratitude to Rep. Jacobs and Sens. Mazie Hirono and Ron Wyden for introducing H.R.3916, emphasizing its importance in protecting reproductive health care and highlighting data privacy as a crucial element of reproductive justice.