Author: Kendra Albert
Publisher: Berkman Klein Center for Internet and Society, Harvard University
Publication Year: 2022
Summary: The following article talks about the uncertainty surrounding period trackers, and breaks down the fears behind ethical and privacy issues surrounding such apps. Privacy and ethics go hand in hand. She states that period trackers are not the primary form of digital evidence likely to be used in abortion prosecutions today, and that the biggest threat is a third party (like hospital staff) reporting to the police. While the Constitution does not explicitly mention electronic data, it does talk about protection of beliefs (First Amendment), the sanctity of the home (Third Amendment), the right against unreasonable searches of persons, houses, papers and effects (Fourth Amendment) and protection against self-incrimination (Fifth Amendment). The confidentiality that federal health privacy law provides to conversations with a doctor doesn’t always apply to prescriptions; another example of where privacy and ethical use of personal data are not ensured.