Slate June 22, 2022
Justin Sherman

The leak of the draft decision overturning Roe v. Wade has prompted numerous stories about the privacy of health data. For instance, Vice reported that data broker SafeGraph was collecting and selling the GPS locations of people who visited abortion clinics—in many cases, likely without their knowledge. There have also been numerous concerns raised about period tracking apps and other technologies that could enable surveillance of and even violence against those seeking medical care.

Most Americans assume that the Health Insurance Portability and Accountability Act, known as HIPAA, and other health privacy laws prevent entities like their doctor from sharing sensitive personal information—and that’s true. Health care providers are covered under HIPAA’s privacy rules.

But companies outside the narrow scope...

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