Washington, D.C. - Congresswoman Sara Jacobs (D-CA-53) spoke on the House floor Thursday on the My Body, My Data Act, her legislation to protect personal reproductive health data in response to the leaked draft decision revealing the Supreme Court’s plans to overturn Roe v. Wade. 

The My Body, My Data Act would create a new national standard to protect personal reproductive health data, enforced by the Federal Trade Commission. By minimizing the personal reproductive health data that is collected and retained, the bill would prevent this information from being disclosed or misused. The bill has been introduced in the Senate by Senator Mazie Hirono (D-HI), and Senator Ron Wyden (D-OR). 

The bill is endorsed by Planned Parenthood Federation of America (PPFA), NARAL Pro-Choice America, Electronic Frontier Foundation (EFF), National Partnership for Women & Families, the National Abortion Federation (NAF), Unite for Reproductive & Gender Equity (URGE), and Feminist Majority.

My Body, My Data Act: Bill Text

My Body, My Data Act: Summary

Congresswoman Jacobs’ speech as delivered (Video here): 

Mr. Speaker, right now, as we meet in this chamber, the Supreme Court is releasing a new slate of opinions. And like millions of people across the country, I’ve been waiting, with dread, for what is coming. 

And as we wait – we’re texting, messaging our friends and loved ones, providing support, looking for more information – and it’s all taking place on our devices.   

That’s how we live in 2022. And I am determined to make sure that as we continue to fight for our rights, we do so with policies that reflect today’s world. 

That’s why I’m proud to have introduced the My Body, My Data Act, new legislation to protect our personal reproductive health data. I’m proud that Senator Hirono and Senator Wyden have introduced a companion bill in the Senate and that we have 43 cosponsors from across the ideological spectrum here in the House.

When the Supreme Court’s draft decision on Dobbs v. Jackson Women's Health Organization leaked – the decision that would undo decades of precedent and overturn the landmark opinion of Roe v. Wade –  I immediately started hearing from friends and constituents panicked that their reproductive health data could fall into the wrong hands, panicked that the personal information on their phones, on their computers, could be used against them in a post-Roe world where abortion is criminalized and where laws like the Texas Bounty Hunter Law give extremists a financial incentive to target vulnerable people.

Shortly after, experts started sounding the alarm that our personal reproductive health data – from search engines to menstruation and pregnancy tracking apps – would be used to target or arrest people if abortion is criminalized. 

And right now, there is no protection from that happening. 

Mr. Speaker, as a young woman, reproductive health care is my health care – and like tens of millions of Americans, I’ve used apps to track my period. When the draft decision leaked, I knew we couldn’t wait for the final opinion, we couldn’t just wait for Roe to be overturned to act. So I got to work.

Because it’s unconscionable that our personal reproductive information could be sold to the highest bidder and weaponized against us, and especially against low-income people and people of color who will be the most impacted if Roe is overturned.

To protect abortion access, Congress must codify the right to an abortion – and I’m proud to be an original cosponsor of the Women’s Health Protection Act. Alongside strong protections for abortion access, we need strong privacy protections – and that’s why I’ve introduced the My Body, My Data Act. 

Our personal reproductive and sexual health information is our most sensitive and personal data, and it deserves the highest level of privacy protection that the government can provide. I’m proud to say that’s what the My Body, My Data Act accomplishes. 

It’s endorsed by Planned Parenthood, NARAL, the Electronic Frontier Foundation, and many others. This bill restricts businesses and non-governmental organizations from collecting, using, retaining, or disclosing reproductive health information beyond what is strictly necessary to provide a product or service. 

The bill provides everyday people with the right to access or delete their personal reproductive health information if they choose to, and it requires organizations to publish their privacy policies.

Importantly, the My Body, My Data Act includes strong enforcement mechanisms, including a private right of action that allows individuals to bring a lawsuit if their privacy is violated.

With 26 states likely or certain to ban abortion if Roe is overturned, this legislation is more urgent than ever. I am proud to lead this legislation, and I urge my colleagues to support it.

Thank you. Mr. Speaker, I yield back.