Michael Sinha, St. Louis University School of Law
Data Privacy and Security Concerns after Roe v. Wade
In June 24, 2022, the US Supreme Court issued its opinion in Dobbs v. Jackson Women’s Health Organization, overturning nearly 50 years of precedent established in its 1973 decision in Roe v. Wade. By eliminating a federal constitutional right to abortion, Dobbs effectively reverted the decision to the states. Almost immediately, several state statutes took effect, some going as far as to ban abortion and criminalize those who aid or abet the process. In Texas, ordinary citizens are now empowered to surveil pregnant persons through the provision of bounties in exchange for information that leads to prosecution. In Nebraska, a Facebook Messenger conversation between a mother and her daughter as to the proper use of medication abortion led to criminal charges. These instances and others have raised concerns about the extent to which our data – health-related or otherwise – can be accessed and misused for malicious purposes. Major gaps in the current US data privacy infrastructure have far-reaching consequences beyond abortion policy, and I will discuss these issues in the context of broader data privacy reform proposals.