Cybersecurity Policy Report, Bicameral Legislation Would Provide New Protections for Reproductive Health Data, (Jun 13, 2025)
Legislation that would restrict the collection and disclosure of reproductive health data has been introduced in the House and Senate.
The House version of the My Body, My Data Act (H.R. 3916, 119th Cong. (2025)) was introduced by Rep. Sara Jacobs (D., Calif.) and has 70 Democratic co-sponsors.
The Senate version (S.B. 2029, 119th Cong. (2025)) was introduced by Sen. Mazie Hirono (D., Hawaii) and has 20 Democratic co-sponsors.
Rep. Jacobs and Sen. Hirono previously introduced the legislation in 2022 and 2023 in response to concerns that the Supreme Court’s 2022 ruling in Dobbs v. Jackson Women's Health Organization, which allows individual states to impose new restrictions and criminal penalties on abortions and related care, would encourage authorities to seek out individuals’ reproductive health data to investigate violations of abortion laws.
“Like millions of young people, I use a period tracking app—and the information in these apps, search history, location data, and so much more, has been collected, shared, and sold without our consent and even used to investigate and prosecute abortion cases,” Rep. Jacobs said in a news release.
“As apps and devices that collect reproductive and sexual health information—like period and fertility trackers—become increasingly popular, everyone should be able to trust that their personal health data is safe and secure,” Sen. Hirono said. “I am proud to reintroduce this legislation to protect people’s reproductive and sexual health data and prevent this information from being used against them.”
The legislation would allow data about reproductive health to be collected only when it’s needed to deliver a product or service and extend the protections of the Health Insurance Portability and Accountability Act to entities that aren’t currently covered, including data collected by apps, cellphones, and search engines, the lawmakers said.
It would direct the Federal Trade Commission to enforce its provisions and create a private right of action to allow individuals to sue over violations.
The Center for Democracy and Technology, Electronic Privacy Information Center, and Electronic Frontier Foundation are among the groups that have endorsed the legislation.
News: FederalLegislation DataPrivacy