Rep. Sara Jacobs' My Body, My Data Act Gains New Momentum

Statement

Date: Aug. 16, 2022
Location: Washington, DC

Congresswoman Sara Jacobs' (CA-53) My Body, My Data Act is gaining momentum in Congress, now with 93 House cosponsors and 13 Senate cosponsors. The landmark legislation would create a new national standard to protect personal reproductive and sexual health data. It surpassed 90 cosponsors in the House following reports of police obtaining Facebook messages between a mother and daughter in Nebraska as part of an investigation into an abortion that is currently illegal under Nebraska state law.

"The horrific news out of Nebraska proves that our worst fears about our reproductive health data are already a reality. It's unconscionable that our most personal and private information could be weaponized against us; Congress needs to take immediate action and pass the My Body, My Data Act," said Congresswoman Sara Jacobs. "My bill would help Americans regain our power and our right to privacy by creating a national standard for reproductive and sexual health data. I'm so grateful to my colleagues for recognizing the very real threats to our digital privacy and for their support of my bill."

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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