Privacy experts have warned that period tracking apps can be bad for privacy. Law enforcement can use the data collected on these apps — along with search history and text messages — to prosecute people who have had abortions.
The reasoning behind why you shouldn’t have a period tracking app comes down to the protections Roe v. Wade provided. The lack of these protections, combined with the lack of meaningful data privacy laws in the US, can put people at risk.
Privacy experts have advised people to delete their period tracking apps and opt for something more secure, given all the uncertainty and risks. Most of these apps are considered lifestyle apps, which are not protected by law.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) provides privacy standards to protect medical records and other health information. This information is usually only shared with healthcare providers, hospitals and insurance companies. HIPAA does not cover lifestyle apps such as period tracking apps.
Some period tracking apps have stated that they anonymize user data before sharing it with third parties. It’s still a good idea to turn off location tracking on your phone if you plan to visit a health clinic in a state that bans abortion.
It’s incredibly easy to re-identify this information. “The idea that your health information is anonymous is so incredibly wrong,” Danielle Citron, JDsaid a privacy law expert at the University of Virginia Health.
There is little or no protection for this personal and private data stored by period tracking apps. It is an extremely real concern that companies can buy and use private information to punish people who provide or receive abortions in a state that prohibits it.
“Essentially, an app can collect whatever data it wants about you and store that data indefinitely and sell it to a third party if they want, like a data broker, in most states without any restrictions.” Lia Hollandsaid director of campaigns and communications for the nonprofit advocacy group Fight for the Future Health.
Data brokers packaged cell phone location data so people could shop and see whose phones were at a Planned Parenthood clinic. A report released by the Surveillance Technology Oversight Project found that anti-abortion groups tracked people’s search history, location, messaging and online activity. This information can identify people suspected of seeking abortions.
Law enforcement can also access your data — which can include everything from missed periods to your location — as a form of evidence. “It can certainly be obtained through a subpoena or a warrant,” Citron said.
Privacy isn’t just a concern for those who live in states with abortion bans. Law enforcement in restrictive states can access data from more liberal states. Phone tracking data also tracks whose phones we connect to or interact with frequently. This is why the same ads can target you and your friends when you interact frequently.
Apps that track your periods can be extremely useful tools for tracking and understanding our reproductive health. There is an urgent need for lawmakers to act and pass laws that protect our digital privacy. Companies also need to step up and commit to protecting (not selling) health data.
Privacy experts have sounded the alarm on this issue, but minimal action has been taken. The law “My body, my data” was introduced on May 17, 2023 to protect personal reproductive health data. The bill would prohibit companies from collecting, disclosing or misusing reproductive health data collected on websites and apps.
The Health and Location Data Protection Act, introduced on June 15, 2022, would ban brokers from selling location and health data and allow people to sue. However, even if passed, this bill would not solve all privacy issues.
Some period apps are safer than others, such as Drip, Waitor Periodic (not available on iOS). These apps store data locally on your phone instead of uploading it to the cloud (in which case the app owns, controls and stores your data).
You can also use Apple HealthKit if you have an iPhone. “The reason is that Apple has put a lot of thought into encrypting data when it’s sent over the network and when it’s stored so that even Apple can’t access your data,” Jason Hong, Ph.Dsaid a privacy and security expert at Carnegie Mellon University Health.
Law enforcement, data brokers, or private citizens wouldn’t be able to buy your data because it lives on your phone. It’s worth noting that police can potentially get your cell phone for evidence if you’ve been involved in a legal case, Citron said.
You may need to do more than just remove the app from your phone. It’s also a good idea to ask companies to delete data about you. Only California mandates that companies delete data if users request it in the United States.
Other ways to protect your data include:
- Communicate via encrypted service: It’s smart to use Signal or WhatsApp if you send messages about abortion care. Using these apps is a way to stand in solidarity with those who are concerned, even if privacy is not a personal concern.
- Talk to a healthcare professional: HIPAA protects conversations with health care professionals, which are a safe way to discuss and learn about reproductive health and abortion care.
- Use a privacy browser: The same risks that come with period tracking apps can also apply to your internet browsing history. This information is easily accessible if you are not using a private browser. Options include DuckDuckGo or Firefox Focuswhich will not store or sell your data. Incognito browsers are better than nothing, but they are not always reliable.
Period tracking apps can be bad about privacy. It can be easy for people to access data stored in these apps, as well as search history and text messages. Law enforcement agencies can use this information to prosecute people who receive abortions and health care providers who perform the procedure.
You can take steps to protect your data: Delete period tracking apps and use encrypted services. It is also important to discuss abortion care and reproductive health with a trusted professional if possible.