The Tech Threat to Women’s Privacy

In recent weeks, Texas and Florida have imposed restrictions on the use of Flock cameras, innovative surveillance technology designed for traffic monitoring. This decision reflects mounting concerns over the potential misuse of such technologies by law enforcement. However, the discussion around invasive surveillance extends beyond these cameras, encompassing personal health monitoring devices that raise privacy questions, particularly for women.

Health Trackers and Data Vulnerabilities

Devices such as Apple Watches and Oura rings have advanced significantly in their ability to monitor health metrics. These gadgets can accurately track various indicators, including heart rates, step counts, and metabolic rates. Notably, they can even predict menstrual cycle phases. Despite the personal and medical nature of this data, it is important to note that it falls outside the protections afforded by the Health Insurance Portability and Accountability Act (HIPAA), which safeguards electronic health information in many contexts.

Implications of Data Sharing

The potential surveillance of women’s health data poses significant risks. The Centers for Disease Control and Prevention (CDC) recognizes this threat. During her confirmation hearing, Dr. Erica Schwartz, the new CDC Director, highlighted the importance of monitoring abortion-related statistics, stating that “abortion surveillance is absolutely a critical component” of the agency’s work, indicating a need for vigilance regarding how sensitive health information is treated.

Moreover, the fitness tracking industry has faced scrutiny over data privacy. While companies often assure users that their data is secure, instances have occurred where sensitive information has been leaked to major tech firms. For example, in 2021, a complaint was filed against the period tracking app Flo, alleging that it shared personal data, including pregnancy status, with Google and Meta, despite previous assurances of privacy.

The Broader Issue of Data Security

Concerns regarding data privacy also extend to wearable technology, which often collaborates with third-party applications, further compromising user data. This sharing poses a grave risk, especially when major corporations like Meta and Google have histories of data breaches while allowing data brokers access to user information.

In light of these vulnerabilities, those aiming to undermine women’s rights could exploit personal data for nefarious purposes. Alarmingly, instances of such breaches are already occurring. For instance, in 2024, the data broker New Intelligence sold information revealing over 500 visits to abortion clinics across nearly all states to anti-abortion organizations, exposing the potential for targeted campaigns based on this sensitive data.

Regulatory Solutions Needed

While the benefits of health-monitoring devices should not be dismissed, users must adopt a proactive approach to safeguard their privacy. This includes carefully reviewing privacy policies, understanding data flow, and actively opting out of data sharing when possible. In tandem, there is a pressing need for legislative action to regulate tech companies and prevent invasive tracking of women’s health data.

Public sentiment appears to support such measures. A survey conducted by Navigator Research indicated that over 60 percent of Americans are in favor of legislation preventing apps and search engines from selling reproductive health data. The “My Body, My Data Act,” which aims to regulate data collection practices and extend protections beyond those provided under HIPAA, has been reintroduced in Congress. Although some states have begun addressing these issues, a fragmented legal framework is insufficient to ensure comprehensive protection.

A Path Forward

At present, women invested in health technologies face an uncomfortable dilemma: abstain from beneficial services that enhance their understanding of their bodies or engage and risk having their data misused. It is essential for consumers to advocate for stronger protections against unwarranted oversight and to demand accountability from tech firms.

This article was produced for Progressive Perspectives, a project of The Progressive magazine, and distributed by Tribune News Service.