Letter to the Editor:
Two Supreme Court cases have held great importance in protecting women's privacy, Griswold v. Connecticut and Roe v. Wade. Both were decided on privacy grounds. In Griswold, the U.S. Supreme Court said that the privacy right protects married couples in their use of contraceptives. In Roe, the Court said that the privacy right protects a woman’s decision to terminate her pregnancy. Without Griswold and Roe, the lives of American women would have been quite different for the last decades. We're realizing how tragically true this is now that Roe has been overturned.
Reproductive and feminine health data are now being exploited to target women. As a result of some bans or restrictions on abortions, women are becoming the subject of criminal investigations. And states are using a myriad of sources to support their criminal charges. This is not just affecting women's privacy. These investigations can involve healthcare workers, friends/neighbors and anyone supporting the woman. Add to this the patchwork of federal and state protections, it is extremely difficult to understand what the government can/should access in their investigations.
It's also a slippery slope. There are so many more ways states are considering when enforcing their abortion bans. The potential for geo-location monitoring/tracking of women, examination of a women’s search history and using private messages in the prosecution of women is horrifying. The prospect of surveillance is more of a reality for women in the United States than ever before.
The immediate impact of Dobbs illuminates the need for greater and clearer data privacy protections. The longer impact of Dobbs illustrates the need for guarantees, not just protections, of women's freedom, privacy and autonomy. I will work to address both of these 'must dos.'
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