[Congressional Record Volume 168, Number 107 (Thursday, June 23, 2022)]
[House]
[Page H5831]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          MY BODY, MY DATA ACT

  The SPEAKER pro tempore. The Chair recognizes the gentlewoman from 
California (Ms. Jacobs) for 5 minutes.
  Ms. JACOBS of California. Mr. Speaker, right now, as we meet in this 
Chamber, the Supreme Court is releasing a new slate of opinions. And 
like millions of people across the country, I have been waiting with 
dread for what is coming. As we wait, we are texting, messaging our 
friends and loved ones, providing support, looking for more 
information, and it is all taking place on our devices. That is how we 
live in 2022.
  I am determined to make sure that as we continue to fight for our 
rights, we do so with policies that reflect today's world. That is why 
I am proud to have introduced the My Body, My Data Act, new legislation 
to protect our personal reproductive health data. I am proud that 
Senator Hirono and Senator Wyden have introduced a companion bill in 
the Senate and that we have 43 cosponsors from across the ideological 
spectrum here in the House.
  When the Supreme Court's draft decision on Dobbs v. Jackson Women's 
Health Organization leaked, the decision that would undo decades of 
precedent and overturn the landmark opinion of Roe v. Wade, I 
immediately started hearing from friends and constituents, panicked 
that their reproductive health data could fall into the wrong hands, 
panicked that the personal information on their phones, on their 
computers could be used against them in a post-Roe world where abortion 
is criminalized and where laws, like the Texas bounty hunter law, give 
extremists a financial incentive to target vulnerable people.

  Shortly after, experts started sounding the alarm that our personal 
reproductive health data--from search engines to menstruation and 
pregnancy-tracking apps--would be used to target people if abortion is 
criminalized. Right now, there are no protections from that happening.
  Mr. Speaker, as a young woman, reproductive healthcare is my 
healthcare. And like tens of millions of Americans, I have used apps to 
track my period. When the draft decision leaked, I knew we couldn't 
wait for the final opinion. We couldn't just wait for Roe to be 
overturned so I got to work, because it is unconscionable that our 
personal reproductive information could be sold to the highest bidder 
and weaponized against us--and especially against low-income people and 
people of color, who would be the most impacted if Roe is overturned.
  To protect access, Congress must codify the right to an abortion, and 
I am proud to be an original cosponsor of the Women's Health Protection 
Act. Alongside strong protections for abortion access, we need strong 
privacy protections. That is why I introduced the My Body, My Data Act. 
Our personal reproductive and sexual health information is our most 
sensitive and personal data, and it deserves the highest level of 
privacy protection that the government can provide.
  I am proud to say that is what the My Body, My Data Act accomplishes. 
It is endorsed by Planned Parenthood, NARAL, the Electronic Frontier 
Foundation, and many others. This bill restricts businesses and 
nongovernmental organizations from collecting, using, retaining, or 
disclosing reproductive health information beyond what is strictly 
necessary to provide a product or service.
  The bill provides everyday people with the right to access or delete 
their personal reproductive health information, if they choose to, and 
it requires organizations to publish their privacy policies.
  Importantly, the My Body, My Data Act includes strong enforcement 
mechanisms, including a private right of action that allows individuals 
to bring a lawsuit if their privacy is violated.
  With 26 States likely or certain to ban abortion if Roe is 
overturned, this legislation is more urgent than ever. I am proud to 
lead this legislation, and I urge my colleagues to support it.

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