OTI Condemns Rollback of Privacy Rights in Supreme Court’s Dobbs Ruling

New America’s Open Technology Institute (OTI) condemns last week’s Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, which deprives millions of their long-established fundamental right to privacy as they seek or provide reproductive healthcare. This decision is profoundly impactful, overturning 50 years of legal precedent and eliminating the constitutional right to an abortion. It also implicates digital privacy, as we all leave behind data trails through daily communications, location history, search engine queries, social media posts, healthcare apps including fertility trackers, and beyond, that will likely be exploited by states that criminalize abortion. As states take action in the wake of this decision, expanding digital privacy rights will be key to protecting the health and well-being of millions.

The following quote can be attributed to Lauren Sarkesian, senior policy counsel at New America’s Open Technology Institute:

“Last week's appalling SCOTUS ruling gouges the fundamental right to privacy.

“In hollowing out this long-standing right, the Court’s decision creates new and egregious privacy threats. Digital surveillance is more expansive than ever, and in states where abortion is no longer legal, law enforcement and others will likely seek access to extremely sensitive healthcare data and further erode individual privacy.

“Given this frightening new reality, women—and all those who seek and provide reproductive care—must be careful regarding what sensitive health information they may be leaving in online data trails. But it should not merely be incumbent on individuals to protect themselves and their data online. As a start, tech companies should take steps to protect their users by reviewing and limiting the relevant data that they collect and retain; refusing to sell such data; challenging or limiting law enforcement requests for this data to the extent possible; and offering and defending encrypted services as much as possible. Finally, policymakers must act now to protect both patients and providers of reproductive healthcare and their digital privacy.”