eff.org,
Sat 10/01:
California Leads on Reproductive and Trans Health Data Privacy
In the wake of the Supreme Court’s Dobbs decision, anti-choice sheriffs and bounty hunters will try to investigate and punish abortion seekers based on their internet browsing, private messaging, and phone app location data. We can expect similar tactics from state officials who claim that parents who allow their transgender youth to receive gender-affirming health care should be investigated for child abuse. This post summarizes the new California data privacy safeguards and provides a breakdown of the specific places where they change California state law. For those interested, we have included the citations to these changes. Some provisions create new exemptions from existing disclosure mandates; others create new limits on disclosure. 8, at Penal Code 1524.2(c)(1)) A “prohibited violation” is an abortion that would be legal in California but is illegal elsewhere. ( First, A.B. 1242 and S.B. 107 bar all state and local government agencies in California, and their employees, from providing information to any individual or out-of-state agency regarding:
Third, A.B. 2091 bars prison staff from disclosing medical information about an incarcerated person’s abortion, if the request is based on either an out-of-state law that interferes with California abortion rights, or a foreign penal civil action. ( 8, at Penal Code 3408(r))
New Limit on California Communication Services
Finally, A.B. 1242 provides a new safeguard to protect people from disclosure requests made to a type of company that holds their information. These are California corporations, and corporations with principal offices in California, that provide electronic communication services. California policymakers must be vigilant, and enact new laws as needed.
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