As both digital privacy groups have noted, fitness trackers, search histories, GPS map apps and practically any online activity could be fair game for law enforcement in states with abortion bans. Period-tracking apps are just one of the many tools that law enforcement agencies can use to build a case against a person suspected of having an abortion. The FTC’s past enforcement actions provide a roadmap for firms seeking to comply with the law,” wrote the agency’s acting associate director in the Division of Privacy and Identity Protection Kristin Cohen in the post. We will vigorously enforce the law if we uncover illegal conduct that exploits Americans’ location, health, or other sensitive data. “The Commission is committed to using the full scope of its legal authorities to protect consumers’ privacy. It also noted that apps that track periods and fertility, as well as any product that collects health or location data could expose individuals to harm, particularly those seeking abortions. In a new blog post, the FTC wrote that it was “committed to using the full scope of its legal authorities” to safeguard consumer privacy. The agency stopped short of detailing any new steps to safeguard sensitive reproductive health data but stressed it would hunt down companies that break existing data privacy laws. In the wake of new privacy concerns post-Roe, the FTC has warned companies and data brokers that it would crack down on any misuse of health and location data.
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