The trend started last month when a draft Supreme Court opinion leaked that the court was ready to overthrow Roe v Wade and escalated as soon as the court on Friday revoked the federal right to abortion. These concerns are not unfounded. As with many other applications, cycle trackers collect, retain, and sometimes share some of their user data. In a state where abortion is a crime, prosecutors could request information collected from these applications when they file a case against someone. “If they are trying to prosecute a woman for an illegal abortion, they can call any app on their device, including period detectors,” said Sara Spector, a Texas-based criminal defense attorney and former attorney general. “But each company has its own storage and privacy policy on how to use and how long data is stored,” Spector added. Bicycle trackers are popular for a reason. Nearly one-third of American women use them, according to a 2019 study published by the Kaiser Family Foundation. They have made life easier for women in many ways, from family planning and early detection of health problems to choosing the right time for a vacation. A 2019 study published in the British Medical Journal (BMJ) found that 79% of health app applications available through the Google Play Store related to drugs, including those that help manage drugs, compliance, drugs or prescribe information, were shared regular user data and was “far from transparent”. But many of the big players have made progress in recent years. The Berlin-based Clue Period tracking application says it does not store sensitive personal data without the express permission of the user. Photo: Piotr Swat / Alamy Two of the most popular period trackers in the US, Flo and Clue, have more than 55 million users combined. The Berlin-based Clue application has stated that it is “committed to protecting” users’ personal health data and that it operates in accordance with strict European GDPR laws. The company website states that the application collects device data, event and usage data, in addition to a user’s IP address, health and sensitive data that can be used to improve the application, services and prevent misuse of its service. However, Clue does not track users’ exact location and says it does not store sensitive personal data without the user’s express permission. The company also wrote on Twitter that it would have a “primary legal duty under European law” not to disclose private health data and “would not respond to any request for disclosure or attempt to summon its users’ health data by US authorities”. But just because data is processed by a European company does not mean it is completely safe from US prosecution, said Lucie Audibert, a lawyer at Privacy International, a global NGO that investigates, judges and advocates against technology abuses. and data from governments and companies. “The fact that the GDPR applies is not so important in this case. When it comes to legitimate legal requests from US authorities, European companies usually comply. “Also, a European company can host data outside the EU, so it is subject to different legal frameworks and cross-border agreements,” Audibert added. He also stressed that the use of a European application would not protect women from the courts requesting data directly from them. But it may be a slightly better option than using a US-based one, because US companies are more easily obliged to comply with US authorities and court requests. Enforcement is more difficult than European ones. Flo has come under fire for sharing user data in the past. The company states on its website that it uses data only “for research activities” and that it uses only “unspecified or aggregated data that cannot be correlated” with specific users. However, a research article in the Wall Street Journal found that the app informed Facebook when a user had a period or was planning to become pregnant. In 2021, the Federal Trade Commission (FTC) reached an agreement with Flo. Under the arrangement, Flo must undergo an independent review of its privacy policy and obtain user licenses before disclosing personal health information. Flo pleaded not guilty. On Friday, Flo announced that it would soon be releasing an “Incognito feature” that could help keep user data safe in all circumstances. The company did not respond to a request for comment. Any application where a company [that could receive a subpoena] has access to its users’ data could make it vulnerable to a legal request Evan Greer A relatively new, astrology-focused period track, Stardust, became the most-downloaded free app on iOS in the days following the Supreme Court ruling. Stardust’s Twitter biography says it is a “first period privacy tracking application”. However, according to Vice News, the company stated in its privacy policy that if the authorities request user data, it will comply, whether required by law or not. He said the data was “anonymous” and “encrypted”. “We may disclose your anonymous, encrypted information to third parties in order to protect the legal rights, security and safety of our company and users of our services. “Prevent our terms of service; fraud prevention; and comply with or comply with law enforcement principles or a legal process or request for cooperation from a government or other entity, whether legally required or not,” from Monday. Following Vice’s request for comment, Stardust changed its privacy policy to omit the phrase about cooperating with law enforcement “whether legally required or not” to “when legally required”. Stardust did not immediately respond to a request for comment. Planned Parenthood encourages users to use their Spot On application. “People who want to keep track of their period and birth control always have the option to remain anonymous using the Spot On app without creating an account,” the agency said in a statement. “This way, period or birth control data is only stored locally on a person’s phone and can be deleted at any time by deleting the application.” Third-party applications are not the only option when it comes to period tracking programs. Apple has a built-in cycle tracker in the Health app that offers more privacy than most external apps. With just a few steps, you can turn off storing your health data in iCloud and also have the option to save the encrypted data on your computer or phone. Evan Greer, deputy director of the nonprofit Fight for the Future team, said the best way to protect sensitive health data is to use only applications that store data locally rather than in the cloud. “Because every application where a company [that could receive a subpoena] has access to the data of its users could make it vulnerable to a legal request. “ Apple Health app has a built-in cycle tracker that offers users privacy. Photo: Richard Sheppard / Alamy Eva Blum-Dumontet, technology policy consultant, said: “It is normal that in times of concern, people see the technology and applications we trust differently. “I think when it comes to debating whether women should delete these apps, we need to think about why they use them from the beginning,” Blum-Dumontet said. “These trackers help them manage their menstrual cycle when they are in pain.” Blum-Dumontet stressed that instead of asking users to change their behavior, “it is the period trackers who should change their practices.” “They should never have so much data in their possession. If they were adopting practices such as storing data locally and minimizing data to the bare essentials, we would not have this discussion now. “It’s not too late to do the right thing,” he said. “Companies that make a profit from the female body must think very carefully about how to protect their users,” he continued. They were not all the best in the past in terms of data sharing. “The only way they can survive in this market, the only way they can be trusted is to improve their privacy policy and give users more control over their data.” “If any of these applications are used in court against their users, it will not be good for public relations.” Melissa, a 27-year-old Texas mother who says only her first name so as not to jeopardize her job, said she deleted the app because she fears that when she travels, her state could use her lost data. period against her. “I will miss using the application so much. I have used it for so many things, such as monitoring my ovulation or predicting my mood swings. “Sometimes I wake up feeling irritated and I do not know why until my application tells me that this could be normal at this point in my cycle,” he added. Melissa also says she would love to use it for future arrests, but now she can’t. Although many of Friday’s warnings focused only on period surveillance programs, these are not the only applications that can be used against users when it comes to criminal prosecution, experts warned. “Google Maps or a random game on your phone could be as easily armed against someone as a menstrual tracking app,” Greer said. “While we have to educate each other and take precautions, it is not okay to delegate responsibility solely to individuals. “Companies and lawmakers must act immediately to protect people.” Period tracking data concerns are part of a wider debate about the amount of personal information that smartphones collect. Women’s rights organizations around the world are warning users to pay more attention to their digital presence, not just when it comes to …
