Michigan Lawmakers Push to Protect Reproductive Health Data Before Republicans Take Control
Michigan Democrats are racing to pass legislation protecting reproductive healthcare data, particularly data logged on menstrual cycle tracking apps, before Republicans take control of the state House in January. The push comes amid growing concerns about the privacy of sensitive health information following the overturning of Roe v. Wade.
Democratic Governor Gretchen Whitmer is backing a bill designed to protect reproductive health data, including data logged on menstrual cycle tracking apps. Similar legislation that reflects broader legal protections for digital health data.
“This feels like a very urgent need for us to get this done while we have a window in Michigan with the Democratic majority for these next few weeks,” said state Senator Mallory McMorrow, sponsor of the digital privacy bill.
The urgency stems from a looming political shift. Republicans are projected to block future legislation related to reproductive healthcare once they take control of the state House in January.
Republicans have expressed strong opposition to the digital privacy bill, arguing that a provision aimed at protecting sensitive medical data would stifle anti-abortion advertising.
Protecting reproductive health data
Anti-abortion groups are pushing back. Genevieve Marnon, legislative director for Right to Life of Michigan, articulated a stance seemingly focused on access to information frequently
used for targeted advertising. “This isn’t safeguarding women’s reproductive health data. It is limiting the options presented to women,” Marnon expressed during committee testimony.
The Michigan bill would require companies and
organizations to use reproduction-related data only for the services they provide. These entities could not sell personal data without _explicit._signed consent from users, who would also have the option to opt out of any sales altogether.
Paid Sick Leave
The proposed bill would also regulate retailers who often compile this type of data to target consumers with ads.
Proposed steps would prohibit identifying people seekingout reproductive healthcare using location data
This would impact people visiting fertility clinics and even abortion clinics.
Lawmakers are considering additional measures associated with reproductive health this month, such as bills aimed at expanding access to birth control and establishing protections for
those seeking reproductive healthcare.
“These tools are really valuable,” McMorrow said. “I just want to make sure that the guardrails are there when indications from the incoming federal administration is they would potentially weaponize the data in a way that is very dangerous.”
Federal law bars medical providers from sharing health data without a patient’s consent but doesn’t prevent digital tech companies from tracking menstrual cycles or an individual’s location and selling it to data brokers. This project aims to create specific protections for this type of data.
Michigan’s proposal reflects a growing trend towards regulating digital health
data at the state level as federal regulations lag behind.
“I feel like it’s important to be proactive about this. People are sharing highly personal information through these apps, and they deserve to have control over how that information is used,”
Said McMorrow.
What is the timeline for the bill’s passage?
## Protecting Reproductive Data: An Interview
**Anchor:** Welcome back. Joining us today is State Senator Mallory McMorrow, the sponsor of Michigan’s digital privacy bill aimed at protecting reproductive health data. Senator McMorrow, thank you for being here.
**Senator McMorrow:** Thank you for having me.
**Anchor:** This bill seems to be moving quickly through the legislative process. Can you tell us what prompted this urgency?
**Senator McMorrow:** Absolutely. We’re in a critical window here in Michigan. As you know, the balance of power in the state house is shifting in January, and with that, our ability to protect reproductive rights will become much more difficult. That’s why it’s so crucial to pass this bill now, to safeguard the sensitive data of Michigan residents, especially around reproductive health. [[1](https://ross.house.gov/2024/3/ross-lieu-jacobs-scholten-and-frost-introduce-bill-to-protect-americans-reproductive-data-privacy)]
**Anchor:** The bill focuses specifically on protecting data collected by menstrual cycle tracking apps. Why is this such a particular concern?
**Senator McMorrow:** These apps collect incredibly personal information about a woman’s body and health choices. In the wake of Roe v. Wade being overturned, there are legitimate concerns about this data potentially being used to target individuals seeking reproductive healthcare or even to prosecute them. It’s about privacy and control over one’s own body and information.
**Anchor:** There has been some pushback against the bill from anti-abortion groups. They argue that it restricts their ability to reach women with information about their services. How do you respond to those concerns?
**Senator McMorrow:** We believe this bill strikes a balance. Women deserve access to accurate and unbiased information about their reproductive health options. However, that shouldn’t come at the cost of their privacy and safety. Targeted advertising based on sensitive health data can be deeply intrusive and potentially harmful.
**Anchor:** The bill is facing a tight timeline. What are the next steps in getting it passed?
**Senator McMorrow:** We are working diligently with our colleagues to move this bill forward as quickly as possible. We are confident that we have the votes in the Senate, and we are hopeful that the House will recognize the importance of protecting Michiganders’ privacy. Time is of the essence, and we are committed to getting this done before the end of the year.
**Anchor:** Thanks for shedding light on this important issue, Senator McMorrow.
**Senator McMorrow:** Thank you for having me.
