Now that the Supreme Court has officially overturned Roe, you’re probably worrying about—among other things—what you need to do to protect your privacy online. Following the SCOTUS ruling, Twitter blew up with calls to delete your period-tracking apps and lock down your reproductive health data—but with so much uncertainty surrounding how this data might be used in the post-Roe era, it’s hard to know exactly how to proceed.
The thing is, there is a lot we do already know: Facebook is collecting sensitive personal information and making it available to anti-abortion organizations; abortion-related resources are being censored on social media; Google is fast becoming a pillar of American policing and investigating. The impact of these forces aren’t hypothetical either—we have historical examples to point to. As early as 2017, Mississippi police charged Latice Fisher with second-degree murder and used her phone data and online searches for abortion pills to support the charges. (After three years, the charges against Fisher were dropped, and Fisher maintains she experienced a stillbirth). This past April, Lizelle Herrera was arrested in Texas after a nurse reported her for alleged “self-induced abortion.” Herrera faced murder charges, but they were later dropped after public outcry.
At a time when the majority of Americans support abortion access, it may feel like the country is taking a huge, regressive step backward. But that’s not quite right either. It’s not a step back—it’s a step deeper into uncharted territory where a person’s fundamental “right to privacy” doesn’t just not matter, but also their health decisions, internet use, and even location are being constantly collected, monitored, and sold. Put mildly, it’s…a lot!
But there are steps you can take to protect your digital footprint, especially when it comes to tracking your period and searching for abortion and reproductive health resources. Here’s how.
Should I delete my period-tracking app?
It’s unclear exactly how your period-tracking data could be used, but because most femtech apps don’t fall under HIPAA—the national standard on safeguarding medical records and protected health information—it could be requested by law enforcement agencies looking to gather evidence against abortion providers. So the only guaranteed way to keep your menstrual history entirely private is to not use an app—it’s as simple as that. But before you go full scorched-earth and delete all your accounts, let’s assess how your data is being protected, stored, and accessed.
You should first consider where your data may end up downstream—be it to data brokers, social media companies, or law enforcement officers. If you’re unsure what your period tracker’s policy is, read their privacy agreement and pay close attention to the “use/disclosure” section to learn under what circumstances your data will be disclosed and who may have access. (If they don’t have a “use/disclosure” section, that’s probably a bad sign.) “There is a real risk that reproductive health data could be accessed through these apps—either via a cybersecurity breach, law enforcement subpoena, or data broker selling the data,” warns Bethany Corbin, a femtech and cybersecurity attorney at Nixon Gwilt Law.
After Roe was overturned, several period-tracking apps began to tout their anonymous or “incognito mode” options, but unfortunately, even those aren’t as secure as they seem. “There are many ways in which data can be reidentified after the fact, so ‘anonymous’ rarely means unidentifiable. Consumers should not put any data into an app—even using an anonymous feature—unless they are comfortable that the data may be disclosed or made public,” explains Corbin.
Sam Dawson, a cybersecurity expert and researcher at ProPrivacy, recommends ditching period-tracker apps altogether. Once data is out there, “we can’t put the genie back in the bottle….Information about your reproductive health is extremely sensitive, and it’s not something that should be given away freely or monetized by others,” says Dawson.
But if you are set on using a period app, a recent Sufshark study found that apps like Cycle Tracking, FEMN, and Spot On collect less data than apps like Eve, Flow, Ovia, or Flo. And don’t forget—there’s always the good old-fashioned analogue option of tracking your period using a paper calendar.
How can I search for abortion clinics and information safely online?
If you need information about abortion clinics, mailed abortion pills, or general abortion-related resources, you should consider using a VPN to conduct any searches. A VPN, or Virtual Private Network, is a server that keeps your internet activity and credentials private by encrypting your data—even from your internet service provider (ISP) or while using public or shared Wi-Fi. VPNs are easy to download and install in your computer. Dawson recommends Private Internet Access as a particularly reputable VPN.
Do I need to worry about location tracking?
For those who need to cross state lines to obtain an abortion, the answer is yes, you need to take precautions about your location history. “Turn off any location-tracking applications on your mobile devices and tablets. In some instances, it may even be best to leave your mobile devices and tablets at home to prevent geo-location tracking,” says Crobin. “If you cross state lines to obtain abortion pills, you will want to ensure that you complete the abortion process (i.e., finish taking all pills) while in that state before returning to your home state.”
If you want to be extra, extra sure that you aren’t leaving any paper trail, leave your phone at home and only use cash while traveling.
What about discussing an abortion online?
Be extremely careful who you talk to about your pregnancy or your plans for an abortion—both on and offline. “Right now, the biggest security concern for people seeking abortion care is other people,” says Rebecca Wang, legal support counsel at If/When/How, a legal support and advocacy organization for reproductive rights. “I encourage people to look at where and how they might be directly, and perhaps unnecessarily, disclosing personal health information about themselves to others.”
If you do need to chat with someone, consider using an encrypted messaging platform like Signal, which is open source, encrypted, and nonprofit. WhatsApp can be “good enough” says Dawson, but “it’s known that WhatsApp now shares metadata on the users of its platform back to Facebook.” Metadata includes who you talk to, when your message is sent, and the device you use—basically everything but the chat itself.
Anything else do I need to know?
The best thing you can do is educate yourself on your data output and privacy, and be careful who you share important personal information with (the New York Times has a great guide on protecting your personal privacy). Which apps, browsers, and messaging services you do or don’t use is up to you—but given all the unknowns in this post-Roe era, it’s a good idea to start thinking about building more secure online habits. In the meantime, if you have any legal questions about abortion, especially self-managed abortion, you can contact If/When/How through their Repro Legal Helpline.
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