Period tracking apps pose data privacy concerns amidst Roe v. Wade's overturn

In the wake of Roe v. Wade’s overturn, privacy experts are raising concerns regarding the potential use of data collected from period-tracking apps to penalize individuals who seek or consider an abortion.

Period tracking apps have grown in popularity, with millions of people relying on them to track their menstrual cycles and symptoms. Flo, which claims to be the most widely used period and cycle tracking app, boasts 43 million active users, while Clue has 12 million monthly active users. Some other popular choices include Cycles, Ovia, Eve and Spot On.

The personal health data collected by these apps could be considered highly sensitive and intimate. It can reveal information such as when a period or pregnancy starts and stops, which leads experts to worry that the data collected by these apps could be used against individuals who seek or consider abortion.

Genesis Kidd, a regular Flo user, expressed concerns regarding the privacy concerns associated with the app.

“That is an invasion of privacy but you have a reasonable expectation of privacy by having a period app. But that is quite literally illegal. They can’t use that against you.”

Sirisha Bansal, who used Clue in the past and now uses Flo, was also uneasy about potential privacy issues.

“I think it's such an invasion of privacy because Flo is an app which should help you learn more about your body. Contributing to information being sold and bought is not why you're using it.”

While these apps have been a useful tool for many users, concerns over digital data privacy may be their downfall. Most popular period-tracking apps collect data on highly sensitive and intimate medical details that are stored in the cloud or on a server, rather than on users' phones. This stored data is rarely under the control of the app user, and unlike medical providers who are bound by the Health Insurance Portability and Accountability Act (HIPAA), most health apps are exempt from federal health privacy laws. This gives the apps the power to decide with whom they share user information.

Cybersecurity risk management specialist Vikas Dhawan says, “Because these apps contain highly sensitive information, users should take the extra time to read through the agreement or go to the application’s websites to understand what type of data they will be collecting.”

Dhawan says it’s important to know what type of data is collected and how the information will be tracked and used.

There is a legal obligation for period tracking apps to disclose which information they share to third parties. But with the personal privacy and security of app users at risk, Dhawan urges caution when using these apps.

“It's important to keep in mind your state laws because every state has different privacy rules when handling information that is captured and saved,” he said. “If you’re in California and your information was leaked, you have to report it to the consumer. But every state has its own rules that may be buried in the fine print of the large and complex user agreement.”

Flo’s Terms of Use is 14 pages long and over 6,000 words, which could present a significant challenge for the average user to understand. Flo was contacted for an interview, but said they could not provide one at this time.

“This is another way to oppress women and make women feel less secure,” Kidd says. “Period tracking apps are supposed to help women by making their lives easier and giving them more exact results of when they’re ovulating.”

Users that are concerned about potential data privacy issues could consider alternative methods of tracking menstrual cycles, such as using a journal or a physical calendar, or consulting with medical professionals who are bound by Health Insurance Portability and Accountability Act (HIPAA) privacy laws.