June 11, 2025

Wyden, Colleagues Reintroduce Bill to Protect Reproductive and Sexual Health Data

Washington D.C.— U.S. Senator Ron Wyden, D-Ore., said today he has joined colleagues to reintroduce the landmark My Body, My Data Act, which would create a new national standard to protect reproductive and sexual health data. 

“Anti-abortion Republicans are restricting abortion state-by-state, and they’re not going to stop until they get a national abortion ban,” Wyden said. “The way MAGA prosecutors and politicians enforce their cruel assault on women’s rights is by going after their privacy and abusing their personal data to track down and punish women for their personal reproductive health choices. Congress has to draw a line. I’m proud to partner with Rep. Jacobs and Sen. Hirono on the My Body, My Data Act to set the toughest protections ever for reproductive health data.”

The weaponization of private reproductive and sexual health data has increased in recent years, especially since the U.S. Supreme Court overturned Roe v. Wade. In 2017, police used web searches and text messages to charge Latice Fisher with second-degree murder after a stillbirth at home. Facebook messages were also a key piece of evidence in an abortion-related investigation of a Nebraska mother and daughter in 2022. A data broker shared cell phone and geo-location data with an anti-abortion political group that then dispensed disinformation about reproductive health to people who visited 600 abortion clinics in 48 states. Earlier this year, police investigated a Pennsylvania mother and daughter after receiving text messages about her pregnancy.

Specifically, 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, delete, or correct their personal data if they choose to.

In addition to Wyden, the legislation was led by U.S. Senator Mazie Hirono, D-Hawaii., and U.S. Representative Sara Jacobs, D-Calif. 

The legislation is supported by Center for Democracy and Technology, Electronic Privacy Information Center, Electronic Frontier Foundation, National Partnership for Women & Families, Planned Parenthood Federation of America, Reproductive Freedom for All, Physicians for Reproductive Health, National Women’s Law Center, National Abortion Federation, Catholics for Choice, National Council for Jewish Women, Power to Decide, United for Reproductive & Gender Equity, Indivisible, Guttmacher, and National Network of Abortion Funds, All* Above All.

“Everyone deserves the freedom to make personal decisions about their bodies, lives, and health without the fear of surveillance or criminalization. The ‘My Body, My Data Act’ is a critical step toward protecting our most private health information—including abortion and pregnancy care—from being weaponized against us. We’re grateful to Representative Jacobs and Senator Hirono for their leadership in introducing this bold federal action. We are committed to working with them to fight back as Trump and Republicans continue to attack our fundamental freedoms,” said Mini Timmaraju, CEO and President of Reproductive Freedom for All.

“In a chaotic and dangerous post-Roe landscape, no one seeking an abortion should have to fear that their health information will be used to criminalize them,” said Jocelyn Frye, President of National Partnership for Women & Families. “Many women, including many women of color and those with low incomes, already face over-surveillance and heightened barriers to accessing abortion care. This bill is an important step in protecting data privacy surrounding abortion care, and we thank Rep. Jacobs and Senators Hirono and Wyden for their leadership on this issue.”

“Americans’ health data is constantly used in ways that they do not expect. The My Body, My Data Act protects the privacy and safety of people seeking reproductive care but putting strict limits on when reproductive and sexual health information can be collected and how it can be used. Health care and privacy go hand in hand, and EPIC commends Rep. Jacobs for introducing this important bill,” said Caitriona Fitzgerald, Deputy Director, Electronic Privacy Information Center (EPIC).

“It’s been nearly three years since the Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, and we continue to see states hostile to reproductive rights seeking access to health data. The My Body My Data Act contains critical privacy protections that limit the data companies collect and retain about their customers while providing people clear ways to access and delete their health data when they want. When companies don't collect and keep people’s health data, they won’t have anything to turn over if folks come asking for it,” said Andrew Crawford, Senior Counsel, Center for Democracy & Technology.

“As a physician, I know how critical it is for the personal information of the patients I care for to be protected. Too often, data related to reproductive health care is used to target and criminalize people seeking essential care. I am thankful to Senators Wyden and Hirono and Representative Jacobs for introducing the My Body, My Data Act of 2025. Ensuring the health and well-being of patients includes protecting the privacy of personal reproductive health information,” said Dr. Ghazaleh Moayedi, Physicians for Reproductive Health Board Chair and OB/GYN in Texas.