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San Diego City Council Declares Support for Congresswoman Sara Jacobs’ My Body, My Data Act

The San Diego City Council passed a resolution 8-0 today declaring support for Congresswoman Sara Jacobs’ (CA-53) My Body, My Data Act, which would create a new national standard to protect personal reproductive health data from being weaponized and misused. The Congresswoman joined County of San Diego Board of Supervisors Vice Chair Nora Vargas, Councilmembers Jennifer Campbell, Stephen Whitburn, and Marni Von Wilpert, Council President Pro Tem Monica Montgomery Steppe, and Vernita Guiterrez of Planned Parenthood of the Pacific Southwest at a press conference earlier in the day to share this announcement.

“I’m so grateful for the San Diego City Council’s support of my bill, the My Body, My Data Act, to create a new national standard to protect reproductive and sexual health data. Now that the Supreme Court has overturned Roe v. Wade, it’s up to all of us – at every level of government – to protect reproductive rights, including abortion access and privacy of our reproductive and sexual health data,” said Congresswoman Sara Jacobs. “It’s unconscionable that this information could be sold to the highest bidder, turned over to the government and weaponized against us, and especially against low-income people and people of color who will be most impacted now that Roe is overturned.”

County of San Diego Board of Supervisors Vice Chair Nora Vargas said, “A tool that is supposed to help you as a woman keep track of something as basic as your period can be potentially weaponized against us. We must be vigilant and stay one step ahead to ensure we protect reproductive health care. I strongly support Congresswoman Jacobs’ ‘My Body, My Data’ Act because it recognizes and protects reproductive rights in our digital space and within our digital lives.”

Councilmember Jennifer Campbell said, “The recent overturning of Roe v. Wade by the Supreme Court has left millions of Americans unprotected including from having their medical data searched by those who would misuse it. This data can potentially be used to incriminate women who skip a period but are not pregnant.”

Councilmember Stephen Whitburn said, “Today, we voiced our strong support for Congresswoman Jacobs’ ‘My Body, My Data Act,’ which will protect the privacy of any woman seeking reproductive healthcare. A woman should not have to live in fear of a breach in privacy. I am proud to support this important piece of legislation … we are in this fight together!”

Council President Pro Tem Monica Montgomery Steppe said, “Data privacy is an essential element in the fight for reproductive healthcare rights. I'm proud to support the ‘My Body, My Data Act’ because it establishes proper oversight for the potential use of surveillance data while protecting our most vulnerable communities.”

Councilmember Marni von Wilpert said, “In a post-Roe world, we must do everything possible to prevent any local, state, or federal government from weaponizing online reproductive health care data and stop rogue companies from selling that private data to the highest bidder. I'm proud to support the ‘My Body, My Data Act’ championed by Congresswoman Sara Jacobs to take the first step in protecting reproductive health care data for all Americans."

Planned Parenthood of the Pacific Southwest said, “Planned Parenthood of the Pacific Southwest is so grateful to our San Diego representatives for taking the initiative to protect reproductive and sexual health information. We believe that everyone deserves to make their own personal health decisions and have access to high-quality, compassionate abortion care, no matter who they are or where they live. As the second-largest city in California, it’s crucial for San Diego to protect the right to privacy for all people seeking reproductive health care. We are thankful to all of our elected officials who have been strong and supportive champions of reproductive health and rights.”

The My Body, My Data Act would:

  • Limit the personal reproductive and sexual health data that can be collected, retained, used, or disclosed to only what is needed to deliver a product or service.

  • Protect personal data collected by entities not currently covered under HIPAA, including data collected by apps, cell phones, and search engines.

  • Require regulated entities to develop and share a privacy policy outlining how they collect, retain, use, and disclose personal reproductive health information.

  • Direct the Federal Trade Commission (FTC) to enforce the law and develop rules to implement the statute.

  • Create a private right of action to allow individuals to hold regulated entities accountable for violations. 

  • Provide additional consumer protections, including the right of an individual to access or delete their personal data, if they choose to.

  • Include a state non-preemption clause that allows states to provide further protection for reproductive and sexual health privacy.