Reproductive Rights in the Digital Surveillance Era: When Technology Becomes a Tool of Oppression

Two years after the Supreme Court overturned Roe v. Wade, digital privacy has become a critical battleground for reproductive rights. From period tracking apps to search histories, from location data to social media chats, women’s digital footprints are being weaponized to prosecute those seeking, providing, or supporting abortion care. This convergence of technology and patriarchy has created an unprecedented surveillance network.

The New Reality of Digital Surveillance

The Betrayal of Period Tracking Apps

Millions of women use apps to track their menstrual cycles, with the most popular, Flo, boasting 43 million active users. However, these seemingly harmless health tools have become potential surveillance devices:

• Data breach risks: Most apps’ privacy policies allow them to capture, own, and remotely store users’ personal data
• Commercial exploitation: The Federal Trade Commission found that Flo promised to protect user privacy but shared data with marketing firms including Facebook and Google
• Legal subpoenas: Data stored on servers can be subpoenaed as court evidence

After Roe was overturned, many women immediately deleted period tracking apps, but merely deleting the app doesn’t erase already collected data.

The Dangers of Location Data

Law enforcement can obtain location information through multiple channels:

Geofence Warrants

• Compel companies to produce information on all devices within a geographic area during a specific time period
• Can identify everyone who spent time near an abortion clinic

Keyword Warrants

• Pull data on everyone who searched for certain terms
• Include users searching for abortion care information

Data Broker Loophole

• Law enforcement can bypass court approval and buy sensitive data directly from data brokers
• This practice is completely legal, requiring no judicial oversight

Real Cases: The Weaponization of Digital Evidence

Nebraska Case

In 2022, Facebook chat logs were used to prosecute an abortion seeker and her mother who helped her. Private conversations became key evidence for conviction.

United Kingdom Case

Police obtained a woman’s Google search history during an investigation into abortion pill use beyond the legal limit.

Texas Case

Text messages and screenshots from a group chat were used as evidence in a lawsuit to prove a woman self-managed an abortion at home.

These cases demonstrate that everyday digital communication tools are being systematically used to surveil and prosecute women.

Disproportionate Impact

Race and Class Dimensions

Digital surveillance particularly affects marginalized groups:

• Black and brown women already face over-surveillance and over-policing, now face greater risks
• Low-income women rely more on free apps and services, which typically have worse privacy protections
• Immigrant women face additional surveillance layers, including immigration enforcement data sharing

Climate of Fear

The surveillance threat creates a pervasive climate of fear:

• Women afraid to seek legal reproductive healthcare
• Medical providers delay or refuse care for fear of prosecution
• Support networks collapse due to surveillance fears

Tech Company Responses: Promises vs. Reality

Google’s Empty Promises

In 2022, Google promised to delete location data records from users visiting medical facilities, including abortion clinics. In December 2023, it announced it would only save location history on users’ devices. However:

• Google has yet to fully implement either promise
• In January 2024, the Electronic Privacy Information Center filed a complaint with the FTC about Google’s harmful location data retention practices
• Self-regulation is generally unreliable in this sector

HIPAA’s Limitations

In 2024, the Biden administration finalized a rule modifying HIPAA to strengthen reproductive health information protections. But:

• Apps tracking fitness goals, menstruation, and mental health are not covered by HIPAA
• Even when collecting sensitive health information, these apps remain unregulated
• Most health apps women use are completely outside legal protection

Protection Strategies: Digital Self-Defense Guide

Immediate Actions

App Settings

• Limit data sharing on apps
• Turn off or limit location services
• Opt out of personalized and targeted ads

Communication Security

• Use end-to-end encrypted communication tools (like Signal)
• Avoid discussing sensitive topics on social media or unencrypted platforms
• Use privacy-focused search engines (like DuckDuckGo)

Data Management

• Regularly delete search and browsing history
• Use VPN to hide network activity
• Consider using cash for sensitive medical services

Long-term Protection Measures

Digital Literacy

• Understand privacy policies of different apps and services
• Learn to identify and avoid data collection traps
• Educate community members about digital security

Collective Action

• Support legislation strengthening privacy laws
• Participate in campaigns demanding better privacy protection from tech companies
• Build secure support networks

The Need for Legal and Policy Reform

Federal-Level Action

Comprehensive federal privacy law needed:

• Limit data collection and retention
• Prohibit selling health data to law enforcement
• Require all health-related apps to meet privacy standards

State-Level Protection

Some states are taking action:

• California Consumer Privacy Act (CCPA) provides some protection
• Several states considering laws specifically protecting reproductive health data
• But broader state-level action needed

Technology as a Double-Edged Sword

Empowerment Tools

Technology can also be a tool for protection and empowerment:

• Encrypted communications protect private conversations
• Anonymous browsers provide information access
• Decentralized networks reduce surveillance risks

Innovative Solutions

Developers are creating privacy-preserving alternatives:

• Period tracking apps that store data locally
• Health tools that don’t collect personal information
• Secure communication platforms designed for high-risk users

Global Perspective: The Spread of Surveillance

US practices are influencing globally:

• Other countries may follow suit using digital surveillance to restrict reproductive rights
• Multinational tech companies’ practices affect global users
• International solidarity and information sharing become crucial

Conclusion: Privacy Is Freedom

In the digital age, privacy rights and reproductive rights have become inseparable. When every search, every app use, every location record can become prosecution evidence, digital privacy is no longer a technical issue but a fundamental human rights issue.

Protecting digital privacy is not just individual responsibility but requires collective action, legal reform, and technological innovation. Only when we recognize the threat digital surveillance poses to reproductive freedom and take action to protect privacy rights can we ensure technology serves liberation rather than oppression.

As the Electronic Frontier Foundation says: “In the post-Roe era, your data is your life.” Protecting digital privacy is protecting reproductive freedom, protecting women’s fundamental human rights.

This article synthesizes research from the Electronic Frontier Foundation, Privacy International, and the American Bar Association