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news.bloomberglaw.com, Wed 07/27:

In the aftermath of the US Supreme Court’s decision to strike down a nearly 50-year federal right to abortion access, social media, texts, and conversations among opponents soon shifted to forming a privacy bulwark by deleting apps tracking menstruation, sexual activity or reproductive health. It will be imperative for non-governmental entities collecting this type of information—such as commercial health tech companies or not-for-profit health organizations—to increase their awareness of relevant laws and re-examine any internal and public policies about their data collection, use, and privacy. Google recently announced a new program to automatically delete location data for users visiting “particularly personal” places such as counseling centers, domestic violence shelters, abortion clinics, and fertility centers. Federal and state lawmakers continue to address privacy gaps for other sensitive personal data. The Health and Human Services Department’s Office for Civil Rights further emphasized that current federal health privacy rules known as HIPPA don’t protect an individual’s health information when its stored on a personal cell phone or tablet. Any company or entity collecting a user’s personal data—particularly anything potentially tied to health care—should not only continue to monitor developments, but also seek to be more proactive. Write for Us: Author Guidelines

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Linda A. Malek is a partner and head of Moses & Singer’s Healthcare and Privacy & Cybersecurity practice groups.

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