CA State Legislature Passes Bill to Protect Abortion Data Privacy

September 07, 2022 - The California State Legislature passed a bill (AB 1242) that would protect abortion data privacy by preventing out-of-state law enforcement officers from executing search warrants on California-based companies for the purpose of advancing an anti-abortion case.

“For example, if another state wants to track the movement of a woman traveling to California seeking reproductive health care, the state would be blocked from accessing cell phone site tower location data of the woman in California,” an accompanying press release stated.

“In addition, if another state wants Google search history from a particular IP address, it could not serve an out of state search warrant at Google headquarters in CA without an attestation that the evidence is not related to investigation into abortion services.”

If passed by California Governor Gavin Newsom, AB 1242 would “forge a legal path to protect reproductive digital information handled by companies headquartered in California,” the press release stated.

"California will not stand idly by as anti-choice states across the nation take radical action to criminalize reproductive rights. Abortion is fully legal in California and we'll fight to protect all who access reproductive healthcare in our state," Rob Bonta, California’s attorney general, stated in a press release. 

"I'm proud to sponsor AB 1242, first-in-the-nation legislation that will help shield those seeking or providing reproductive healthcare against wrongful prosecution. AB 1242's groundbreaking data privacy provisions are crucial -- they prohibit tech companies served with search warrants in California from providing digital information to out-of-state law enforcement agencies seeking to enforce anti-abortion law.”

The bill also includes provisions that would prohibit the arrest of anyone performing a lawful abortion in California. Additionally, the bill would prohibit California law enforcement from sharing information related to a lawful abortion with out-of-state law enforcement agencies.

“The bill would not prohibit the investigation of criminal activity that may involve an abortion, provided that no information relating to any medical procedure performed on a specific individual may be shared with an agency or individual from another state for the purpose of enforcing another state’s abortion law,” the bill text noted.

Essentially, the bill’s provisions shield California companies, laws, and courts from taking part in abortion-related investigations and prosecutions that are legal under California law.

The safety and privacy of abortion-related data has been in limbo since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and Planned Parenthood v. Casey. Since the ruling, some states have enacted abortion bans, while others have expanded access to abortion services.

Lawmakers across the country have been swiftly moving to introduce data privacy legislation and call out big tech companies for their potential role in anti-abortion law enforcement actions.

Recently, a group of US House Democrats sent a letter to Meta CEO Mark Zuckerberg asking for clarification on the company’s data privacy practices. The letter stemmed from Meta’s role in a Nebraska investigation into a mother-daughter pair who performed an abortion more than 20 weeks after fertilization, which is illegal in Nebraska.

Meta complied with a warrant asking it to hand over Facebook messages exchanged between the mother and daughter, prompting House Democrats to raise questions about how Meta protects sensitive data while complying with legal investigations.

“It is completely foreseeable that Meta may be asked to turn over other sensitive data based on conversations related to assisting a friend or family member with transportation to obtain an abortion or providing money for cab fare or hotel accommodations,” the letter stated. “The possibilities are endless and are endlessly troubling.”

As a result, the House Democrats requested a briefing regarding Meta’s handling of personal data and its policies regarding the sharing of that data with third parties, including law enforcement.

As lawmakers navigate abortion regulations and data privacy on a state-by-state basis, tech companies will likely play an even bigger role in safeguarding sensitive data.