August 10, 2022

Rep. Sara Jacobs’ Statement on Nebraska Family’s Abortion-Related Charges After Seizure of Facebook Messages and the Need for Passage of My Body, My Data Act

Following reports of police obtaining Facebook messages between a mother and daughter in Nebraska as part of an investigation into an abortion illegal under state law, Congresswoman Sara Jacobs (CA-53) called for passage of her landmark legislation, the My Body, My Data Act, which would create a new national standard to protect personal reproductive and sexual health data.


“Since the Supreme Court’s Dobbs decision leaked, I’ve heard from so many people who are terrified of our personal reproductive data being weaponized against us and used to target those seeking an abortion or helping those seeking one,” said Congresswoman Sara Jacobs. “It’s clear that these concerns are already a reality. We need to immediately pass the My Body, My Data Act to minimize our digital footprint and empower people to take back control of their own reproductive and sexual health data.”


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 to 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.

 

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