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Journal of Law and Policy

Abstract

This Note comments on the dangers of an under-regulated data privacy sphere and highlights the particularly troubling threats posed to individuals seeking reproductive healthcare. In an ever-digitalizing world, smart phone and device users are subjected to violative data practices, like geofencing and location tracking, without their knowledge or consent. Some data service providers use personal data as a commodity to advance advertising or political objectives. Reproductive healthcare patients are at a heightened risk of exploitation because their personal data may infer or reveal their private healthcare decisions. As the fight for bodily autonomy was upended by the Supreme Court’s decision in Dobbs v. Jackson Women’s Health in 2022, the lack of data privacy laws pose a heightened risk. One pathway to protection requires enacting a proposed federal law, the ADPPA, to ensure all individuals that their right to be left alone is valued and safeguarded.

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