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Is Women’s Data Safe in a Post-Roe v Wade America?

by Paul ReimerAugust 24th, 2022

Too Long; Didn't Read

The American Supreme Court’s decision to overturn the Roe v Wade ruling on June 24, 2022, recriminalized abortion in America, which poses questions about women's health and safety in the US — both offline and online. Half of U.S. states are expected to ban abortion or impose heavy restrictions following the Supreme Court's decision. There is also a growing concern over the number of women that will be prosecuted for illegal abortions in 2022 and beyond. There are a few ways that women can stay safe on the internet to avoid being prosecuted for seeking abortion.

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The American Supreme Court’s decision to overturn the Roe v Wade ruling on June 24, 2022, recriminalized abortion in America, which poses questions about women’s health and safety in the US — both offline and online.

In the age of the internet, cookie tracking, and questionable law-making, is women’s data safe in America in 2022? Can women be prosecuted for Googling “abortion pills”? The TL;DR: women who are looking to end their pregnancy in the US have cause for concern.

Why is this ruling detrimental to women’s health and safety?

When women don’t have safe access to legal abortion, history suggests they will find alternative options to end a pregnancy — including risky operations that may put the woman’s life at danger. During the period when abortion was illegal in America between 1910 and 1973, America saw as many as 5,000 deaths a year. Worldwide today, approximately 68,000 women die each year from “unsafe abortions”.

“Access to safe and legal abortion and to quality post-abortion care, especially in cases of complications resulting from unsafe abortions, helps to reduce maternal mortality rates, prevent adolescent and unwanted pregnancies and ensure women’s right to freely decide over their bodies,” says the UN women’s rights committee.

Aside from the amount of unsafe abortion-related deaths, there is also a growing concern over the number of women that will be prosecuted for illegal abortions in 2022 and beyond — combined with growing concerns about data privacy and digital surveillance.

Abortion and online data collection concerns

One of the many concerns regarding the decision to overrule Roe v Wade is concern over women’s personal data. And with this decision, each state now has the ability to set its own rules over the use of personal data in a criminal abortion case. According to the Thomson Reuters Foundation, “half of U.S. states are expected to ban abortion or impose heavy restrictions following the Supreme Court decision to overturn a landmark ruling that legalized pregnancy terminations nationwide.”

In the states with the most restrictive laws, like Texas, experts say that personal data — like personal location information and search history — could be used against women on trial for an abortion-related case. Other states that were amongst the first to jump on “trigger bans” for abortions include Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Utah, and Wyoming.

This has left many women wondering what kind of data can be tracked and used against them in a criminal case. Experts suggest that data from period-tracking apps may pose a cause for data collection concerns. Other personal data like “internet searches, location history, call and text logs, emails and financial records” also may be used against women in court.

"We are living in a much more surveilled culture than we were in 1972 and prior, so in a future where abortion rights are limited or there's not a federal right, people will be at risk for exercising their bodily autonomy," said Elisabeth Smith, director for State Policy and Advocacy at the Center for Reproductive Rights.

How to avoid leaving a digital trail post-abortion

There are a few ways that women can stay safe on the internet to avoid being prosecuted for seeking abortion options in America online.

Use a private browser or VPN: using a private browser like Firefox of DuckDuckGo, or a VPN like NordVPN, is the best option for keeping internet searches safe and unseen. These platforms don’t track search history or allow third-party cookies.
Stop sharing your location: location information can be used against women in court — such as being tracked to an abortion facility. Make sure to check if you are allowing your phone to track your location via app permissions or Google to track your location.
Limit ad tracking on your phone: On an iPhone, you can go to Settings > Privacy > Tracking to turn off ad tracking, which is used to track your digital behavior for third-party ads.
Use a private messaging service: when discussing abortions with anyone online, use a private messaging service like Signal or Telegram, which are end-to-end encrypted messaging platforms.

In 2022 and beyond, women worldwide need to ensure they keep their data safe. Having access to safe abortion care is essential to the health and safety of women. To keep your data safe, use a private browser, limit your location sharing and ad tracking, and switch to a private messaging system.