A 2021 FTC settlement with fertility app Flo Health Inc. after it allegedly compromised users’ sensitive health information offers a window into how the federal government could partially protect that data if Roe v. Wade is overturned.
The leak of a draft Supreme Court decision reversing Roe prompted calls to delete apps tracking menstruation amid fears that states with new abortion bans could use data from those apps for criminal proceedings. More than 100 million people track their menstruation using mobile applications, according to a 2020 paper.
Fertility apps aren’t covered by the Health Insurance Portability and Accountability Act ...