By Jordan Shapiro, Economic and Data Policy Analyst
Digital privacy laws are not ready for a post-Roe v. Wade future. New bills circulating on the Hill are an important step toward safeguarding Americans’ personal data, but they are not a panacea to protect women seeking an abortion or the friends and family members who might be supporting them, or even just know of their intentions.
It’s no secret that today, personal and health data about human preferences, location, characteristics and behavior are collected through phones, apps, websites, advertisements, internet sites and service providers; if a device is connected to the internet, it probably collects user data. These data are used to provide helpful information and services, but as the United States lacks universal digital privacy protections, firms are solely responsible for data privacy and security.
At the same time, law enforcement has wide latitude to purchase and request personal data from companies. They can obtain a court order about a particular crime and companies are obliged to provide information related to the crime, some companies have made special portals to more easily provide data. Even without a court order, law enforcement can purchase bulk data from data brokers about suspected crimes or general surveillance. These data can contain location information, internet searches queries, among other personal information. Companies can push back but with a court order or subpoena are obliged to comply with law enforcement.
Surveillance of this nature has historically enjoyed wide support as protection against terrorism and other societal harms. But the combination of prolific personal data collection and law enforcement surveillance are predicated on the assurance that data about everyday interactions and behaviors are not under scrutiny by law enforcement. The overturning of Roe v. Wade calls this trust into question.
Read the full piece in The Hill.
