Reproductive Data Privacy and Protection Act
H.R. 3218, the Reproductive Data Privacy and Protection Act, would amend several provisions of title 18 of the U.S. Code to prevent government data requests from being used to target or investigate individuals regarding reproductive health services. Specifically, it would require a sworn statement in applications and orders for interception of communications (wire, oral, or electronic) that the information will not be used to pursue investigations or proceedings about people seeking, obtaining, providing, or facilitating reproductive health treatment or care. It also adds a broad definition of “reproductive or sexual health information” and extends similar safeguards to requests for stored communications and data. The goal is to protect privacy around abortion, contraception, IVF, and related health information by limiting how such data can be used in investigations.
Key Points
- 1Adds a sworn certification requirement to Section 2518 (interception) applications stating the contents will not be used to investigate or prosecute someone seeking or obtaining reproductive health services.
- 2Applies a parallel certification requirement to orders under Section 2518(4), adding a new subsection that also prohibits use of intercepted data to pursue reproductive health investigations.
- 3Creates a comprehensive definition of “reproductive or sexual health information,” covering procedures (including abortion and IVF), contraception, prescriptions, diagnoses, pregnancy status, sexual activity, fertility-related information, and related medical or non-medical services.
- 4Adds a new subsection (i) to Section 2703 requiring government requests for stored communications or data to include an oath that the information will not be used to investigate or prosecute reproductive health activities.
- 5Broad scope includes wiretaps, stored communications, and data held by service providers; practical effect is to constrain how data can be requested or used in reproductive-health-related cases.