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How safe is data in a period tracking app? What Kentucky law professor says about privacy

Worried about the safety of their data, some people have called for users to delete menstrual cycle tracking apps from their phones after Roe v. Wade was overturned Friday.

Several popular period tracking apps released statements about their privacy agreements in recent days. Clue, a popular app based in Europe, released a statement on social media saying all data entered into the app is “kept private and safe,” and would not be sold. Flo, another popular app, announced an “anonymous mode,” where users can remove their personal identity from their account, according to the app’s Instagram.

Beyond period tracking, some apps offer services to track users’ fertile window, birth control usage and frequency of sex, as well as chat with experts about pregnancy and menstrual health.

Users of health tracking apps have posed several questions on social media about what the Roe v. Wade decision means for their data, like if it could be used in a court case or to bring legal action against a person who got an abortion.

Roe v. Wade, a landmark ruling that established federal constitutional protections for abortion care, was overturned on Friday. With the ruling taking place so recently, some answers remain unknown.

However, one simple thing users can do right now is carefully go over the terms of service agreement for these apps, said Paul Salamanca, a University of Kentucky professor with a background in constitutional law. That will provide them with information about how their health data is being used.

“If you’re anything like me, you normally don’t read them,” Salamanca said. “People don’t read them. I think most people assume that they’re giving up a little bit of privacy.”

Can health-tracking or period-tracking apps release or sell your data?

The apps are considered a private company, and what they can do with your data will be outlined in the terms of service agreement. In most cases, you will be giving up some level of privacy when using these apps, but that may not mean personal details are at risk of being revealed outside of the company, Salamanca said.

Many period tracking apps have released explanations about how the data they gather is used. Others have answers about their privacy policies available on their websites. Vice has compiled a list of how the most popular period tracking apps use your data.

However, there is still some risk and loss of privacy when giving personal information to any app or company.

One thing to be aware of, Salamanca said, is if a company goes bankrupt and is bought out by someone else. Then, your data could be sold or turned over to another company with different standards.

For the government to obtain data from these apps, Salamanca said it would need a warrant. The Fourth Amendment gives citizens protection from unreasonable searches and seizures, and that extends to your data. The 2018 court case Carpenter v. United States set precedent for that, where the Supreme Court ruled that cell phone data was protected by the Fourth Amendment.

Can data from period-tracking apps be used in court?

At this time, it’s not clear how or if data from period tracking apps could be used in court cases. Assuming that it would be used is “highly speculative,” Salamanca said.

If a woman is appearing in court for having an abortion, it would likely be because there was other evidence available, he said, like a receipt from an abortion clinic or someone with proof reporting the abortion.

In most cases, data from a period tracking app likely wouldn’t be immediately used to bring a lawsuit against a woman who has had an abortion, Salamanca said. Data could potentially be obtained through a warrant to use in a court case, but Salamanca said it’s difficult to say if that data would be needed.

“I could see it,” Salamanca said. “But I could also see the government not needing it because (other information) might be sufficient.”

What should people look for when they download a health-tracking app?

The most important thing to do is check the terms of use or terms of service agreements.

If the agreement is searchable, Salamanca recommended looking for the following terms: “data,” “privacy,” “share,” “distribute” and “release.” Key sections about privacy might be in bold or underlined, he said.

It may also be helpful to crowd-source information about the terms of use agreements. Salamanca recommended posting or searching on social media to compare with others about what you have found. It can also be a helpful way to see if you are interpreting the agreement in the same way as other users, or if they present the information from an opposing perspective, he said.

What should people consider before downloading these apps?

For those worried about handing over personal information, some period tracking apps allow people to use them without revealing their identity. Apps Flo and Cycles have this option, according to their websites.

When using health tracking apps that may require some identifying information, “it’s a cost-benefit analysis,” Salamanca said. Health tracking apps will need some amount of personal information to be more effective, he said.

After figuring out how your data will be used, users should decide if it’s worth it to give up some amount of privacy for the convenience of the apps, he said.

“Make an eyes-open decision about how much of your information you want to share with other people and how much of the risk you’re willing to take,” Salamanca said. “In this world, you’re often asked to give something up in exchange for something, and for adults, it’s the adult’s call.”

If a person does decide to delete a health-tracking app, what should they do to make sure their data is no longer tracked?

Based on what is in the terms of use agreement, some apps may require users to reach out to the company to get rid of their data. Beyond just deleting your profile or app, that will ensure the company no longer has your information.

Determine how to delete your data from the company and go from there. It may take some time for the company to process your request. Salamanca said that information should be in the terms of use users agree to when downloading an app.

Instead of using an app, one option is to track your menstrual cycle using a paper calendar or spreadsheet. The U.S. Office on Women’s Health has information on how to do so.