Data matters in a post-Roe vs Wade world
There has been a decision, with far reaching effects. We are in now in a post-Roe world where the act of an abortion in many US states will be deemed a criminal act. Much is being said already about the impact of this decision on the economy and more worryingly the right to Privacy.
It’s time for us to get wise on why data matters, now, more than ever.
Data can be used to prove:
1. Evidence of a pregnancy (that is not there now)
2. Evidence of an abortion (intention or actualised)
Breaking it down further, pregnancy/an abortion is proved in data by one or more of the following ‘events’:
(i) One or more missed periods, (ii) Prolonged body temperature changes, (iii) A change in what you buy/ how you shop (let us not forget the infamous Target identification of a teen pregnancy before the woman herself knew), (iv) A visit to an abortion clinic/someone who can perform a termination, (v) Booking of an abortion via email/phone, (vi) Medical records, (vii) A direct sharing of the knowledge to friends and family.
Question: Who/ what could possess data that identifies these ‘events’?
Answer: All of the following; Period tracking apps, health tracking apps, wearables or connected devices (eg. digital thermometers or pregnancy tests), the places that you shop, your phone/ phone provider, location data, any GPS system you use, your email inbox - even the browser you use to do all your internet searches - and yes, that could include Alexa. Let’s assume your friends and family are trusted, and medical records are sealed.
So, what are your options to protect your data? Going ‘dark’ (offline) is one - but not realistic. Other ‘staying online’ options include using apps that process their data in Europe, who have no obligation to share data with the US authorities, using anonymous profiles where possible, keeping data on device, turning off location tracking, and using privacy-first browsers/messaging such as Ghostery, Signal and Infomaniak. Purchase-spread amongst different retailers, especially if you use a loyalty card. Delete your data and clear your caches regularly.
It is unlikely that your data could or would be shared with the authorities. But we’ve already seen some evidence of period tracking apps such as Flo sharing what they shouldn’t. Though Big Tech may now be more powerful than Government, Apple’s refusal to unlock an iPhone in the past for the FBI did not mean it couldn’t be done.
However, we must realise that the responsibility of a fallen Roe vs Wade rests also with the corporates who do one of the activities that fall into the ‘all of the following’ above.
Corporates: You can choose to not capture, track or store this sensitive data, do your analysis at an anonymised level and choose not to run pregnancy profiling algorithms. You can choose to route data via servers that serve the highest version of Privacy - which might be outside of the US. You can choose to make decisions that serve People, not Commerce and make clear the values you stand for.
Corporates: The best solution to not handing over data to an authority is not knowing it in the first place.
All views my own.
Thumbnail image by Getty Images
Sources:
1. Forbes: How Target Figured Out A Teen Girl Was Pregnant Before Her Father Did
2. Mashable: Period apps in a post-Roe World
3. The New York Times: Apple’s New Challenge: Learning How the U.S. Cracked Its iPhone
