The recent Executive Order Protecting Access to Reproductive Health Care Services has recognized the privacy implications of the Supreme Court's overturning Roe v. Wade in June.
The White House says in a fact sheet about the Executive Order that "fundamental rights – to privacy, autonomy, freedom, and equality – have been denied to millions of women across the country, with grave implications for their health, lives, and wellbeing," as a result of that decision.
The order is primarily focused on "safeguarding access to reproductive health care services"; "promoting the safety and security of patients, providers, and clinics"; and "coordinating the implementation of Federal efforts to protect reproductive rights and access to health care."
But it's also devoted to "protecting the privacy of patients and their access to accurate information." The White House explains:
The President’s Executive Order takes additional steps to protect patient privacy, including by addressing the transfer and sales of sensitive health-related data, combatting digital surveillance related to reproductive health care services, and protecting people seeking reproductive health care from inaccurate information, fraudulent schemes, or deceptive practices.
Those efforts begin with President Joe Biden asking FTC Chair Lina Khan to "consider taking steps to protect consumers’ privacy when seeking information about and provision of reproductive health care services."
Khan will also be working with Attorney General Merrick Garland and US Department of Health and Human Services (HHS) Secretary Xavier Becerra to "consider options to address deceptive or fraudulent practices, including online, and protect access to accurate information."
The Executive Order will also see HHS "consider additional actions, including under the Health Insurance Portability and Accountability Act (HIPAA), to better protect sensitive information related to reproductive health care."
The White House notes that HHS previously released guidance related to HIPAA privacy rights, which makes it clear that health care providers "are not required – and in many cases, are not permitted – to disclose patients’ private information, including to law enforcement." It has also published a guide to securing medical data collected by health-related apps.