Safeguarding Autonomy: Examining the Complexities and Implications of Under-Regulated Period-Tracking Apps and Paired Devices in a Post-Roe Landscape.

Abstract

Period-tracking applications (PTA) and paired data-tracking devices have become popular tools for promoting reproductive health, offering features to monitor menstrual cycles and track fertility. However, these apps present significant concerns regarding the privacy of sensitive health data as the current legal landscape provides inadequate coverage to ensure user safety, leaving the collection, usage, management, and disclosure of data to be determined by company leaders. While the Federal Trade Commission (FTC) has regulatory mechanisms to hold PTAs accountable for their business practices, security concerns remain. Fears around personal health data security have intensified after the U.S. Supreme Court's 2022 decision to overturn Roe v. Wade as experts warn digital reproductive health data derived from PTAs could be used as criminal evidence in states with abortion restrictions. In the absence of a federal standard protecting the right to abortion, a comprehensive approach to safeguarding digital reproductive health data is required to ensure PTAs can remain health literacy tools that promote reproductive health and autonomy. This commentary reviews the current regulatory environment in the U.S. regarding PTAs, highlighting the risks to user privacy and data security-as evidenced by the 2020 FTC complaint against Flo Health, Inc. for sharing sensitive user data with third parties-and the broader implications of regulatory gaps in a post-Roe landscape.