One Year After Dobbs: Assessing the Fight for Reproductive Privacy

Alexandra Reeve Givens is President & CEO of the Center for Democracy & Technology. Protestors gather at the U.S. Supreme Court, May 2022. Drew Petrimoulx/Shutterstock A year has passed since the U.S. Supreme Court overturned Roe v. Wade. When the decision came down, the Center for Democracy & Technology (CDT) and other advocates quickly recognized how the decision would impact data privacy, heighten surveillance of personal activities, and endanger access to information about abortion. Prosecutors and even private citizens have been empowered to pursue evidence against people seeking and providing reproductive care. One year later, where do we stand at the intersection of tech policy and reproductive rights? While a number of states moved immediately to further restrict and criminalize abortion for millions of Americans, a few have pushed back, instituting “shield laws” to protect the privacy of abortion providers and patients who travel to another state to receive care. The Biden Administration has taken steps to protect patients’ medical records and to pursue companies that have unfair and deceptive data practices. Some companies have announced (or quietly pursued) new steps to protect people’s private health data.  But there is still a long way to go. This article lays out three priority areas where tech policy impacts reproductive rights. It takes stock of the wins to date, and the work ahead for those who wish to fight for reproductive privacy and access to reliable online information at this critical time. Priority 1: Reforming commercial data practices to protect reproductive privacy …One Year After Dobbs: Assessing the Fight for Reproductive Privacy