Since the Supreme Court’s draft decision overturning Roe v. Wade leaked, influencers, activists and privacy advocates have urged users to delete period-tracking apps from their devices and remove their information from associated services. With abortion now outlawed in several states, data from such apps could be used in criminal investigations against abortion seekers, and a missed period — or even simply an unlogged one — could be used as evidence of a crime.
These services, like many “wellness” apps, are not bound by HIPPA, and many have long histories of shady practices resulting in fines and regulatory scrutiny. Mistrust in them is well-founded. However, calls to delete period tracking or fertility apps are obscuring what privacy experts say is a much larger issue.
“Period tracking apps are the canary in the coal mine in terms of our data privacy,” says Lia Holland, campaigns and communications director for Fight for the Future, an advocacy group focused on digital rights. While submitting data to a cycle tracking app could lead to being “outed by your phone,” they said, there are numerous other ways actionable data could make its way to law enforcement. “That outing […] could just as easily happen because of some game you installed that is tracking your location to a Planned Parenthood clinic.”
India McKinney, director of federal affairs for the Electronic Frontier Foundation, offered similar words of warning about commonplace and seemingly innocuous online activities. “Search history, browser history, content of communication, social media, financial transactions [..] all of this stuff is not necessarily related to period trackers but could be of interest to law enforcement.”
This isn’t an abstract problem either: Before the constitutional right to an abortion was overturned, there were already cases where pregnant women had their search histories and text messages used against them after their pregnancies ended.
In one widely cited case, a woman in Mississippi who had a stillbirth at home was charged with murder because she had searched for abortion pills online. (The charges were eventually dropped.) In another case, an Indiana woman was sentenced to 20 years in prison for feticide after prosecutors cited her text messages as evidence her miscarriage had been a self-induced abortion. “Prosecutors argued that she’d taken abortion-inducing drugs purchased online, which is illegal in the United States, but police could…