Biden Issues EO to Protect Reproductive Health Data

President Joe Biden issued an executive order Friday meant to combat “digital surveillance” and protect data privacy for reproductive health care services. Citing the overturning of Roe v. Wade, Biden directed FTC Chair Lina Khan to explore steps to “protect consumers’ privacy when seeking information about and provision of reproductive health care services.” He ordered Health and Human Services Secretary Xavier Becerra to consult with Attorney General Merrick Garland and Khan on options for addressing “deceptive or fraudulent practices, including online, and protect access to accurate information.” House Oversight Chair Carolyn Maloney, D-N.Y., applauded the EO. Maloney announced a health data privacy probe on Friday with House Consumer Policy Subcommittee Chair Raja Krishnamoorthi, D-Ill., and Rep. Sara Jacobs, D-Calif. They sent letters to five data broker companies and five personal health app companies “requesting information and documents regarding the collection and sale of personal reproductive health data.” Location data “collected by mobile phones may be used to locate people seeking care at clinics, and search and chat history referring to clinics or medication create digital bread crumbs revealing interest in an abortion,” they wrote.