Supreme Court's Roe v. Wade Decision Raises Concerns About Data Gathering by Tech Companies

24 JUNE, 2022

The Supreme Court’s decision today to overturn Roe v. Wade raises serious concerns about data gathering by tech companies.

The following statement can be attributed to Michael Connor, Executive Director of Open MIC, a nonprofit organization that works with investors to foster greater accountability in the tech sector:

“The Supreme Court’s decision in Dobbs v. Jackson is a devastating blow to human and civil rights. It will be vitally important to support organizations and networks working to protect pregnant people and those who may become pregnant, especially in states where abortion healthcare is criminalized.

For technology companies, the decision raises immediate and essential concerns regarding data privacy, collection, retention, and sharing practices. Online platforms represent tremendous repositories of information that could be used to incriminate people under regressive anti-abortion laws, or potential future laws relying on this decision to criminalize gender-affirming healthcare or queer identities.

Privacy experts have long advocated for restrictions on these tech companies’ massive data collection regimes, as well as the sharing of online users’ private information. By and large, online platforms have rejected these policies and responded instead with platitudes assuring advocates that their voluntary efforts will be sufficient to protect the human rights of users.

No tech company can afford to be silent in the face of this threat. Online platforms must urgently present a plan to investors and the public detailing how the company intends to protect the privacy of users affected by these laws. 

In particular, companies must retool their relationships with law enforcement agencies. Many platforms routinely and proactively engage with police investigations to identify unlawful behavior such as trafficking occurring on their platforms. To protect users, tech companies must commit to refusing to cooperate with law enforcement agencies seeking to prosecute people under anti-abortion state laws unless legally compelled to do so.

It is also crucial for tech companies to embrace data minimization policies that limit the amount of potentially incriminating information the company has on hand that could be turned over to police in response to a warrant under these laws.”


For more information:

Michael Connor
Executive Director, Open MIC
media@openmic.org
212-875-9381