The FTC warned companies and data brokers that it would crack down on any misuse of health and location data. The agency stopped short of detailing any new steps to protect reproductive health data, but said it would hunt down companies that break data privacy laws. The FTC is committed to using the full scope of its legal authority to safeguard consumer privacy. It was noted that any product that collects health or location data could expose individuals to harm, particularly those seeking abortions.
The Commission is committed to protecting consumer privacy. If we find illegal conduct that exploits Americans' location, health, or other sensitive data, we will enforce the law. The agency's acting associate director in the Division of Privacy and Identity Protection wrote in a post that the FTC's past enforcement actions give a "road map" for firms seeking to comply with the law.
A few days after the Biden administration ordered the FTC to take steps to protect abortion data privacy, the FTC issued a statement. Digital privacy groups warn that police can easily use location tracking and other sensitive data to prosecute people if they are suspected of having an abortion in a state where it is now illegal.
Law enforcement agencies can use a lot of different methods to build a case against someone suspected of having an abortion. Digital privacy groups have noted that fitness trackers, search histories, gps map apps and virtually any online activity could be used by law enforcement in states with abortion bans. It is possible to misuse location data. The FTC noted a case in Massachusetts in which a company sent ads to people who crossed a "digital fence" outside an abortion clinic.
The FTC mentioned a settlement it reached with Flo last year, which may be an example of how aggressive it has been with apps that misuse reproduction health data. Flo agreed to get user consent before sharing information with other parties and to have an independent privacy review. Flo is one of many reproductive health apps that give user data. Nine period- tracking apps shared data for third-party ads and 10 of them collected coarse location information, according to a study by Surfshark.