Roe Ruling Sparks Balancing Act on Privacy Legislation Approach

Article Published: June 29, 2022

Written By: Maria Curi for Bloomberg Government

Democrats and civil rights advocates are maneuvering on how to tie abortion rights to the protection of sensitive data—but not jeopardize Congress’s efforts to pass landmark bipartisan privacy legislation.

The Supreme Court’s decision to overturn Roe v. Wade thrust data protections into the limelight, as browsing histories, online medical records, and location data could be used to incriminate people seeking abortions. Some Democrats have sought to use the Supreme Court’s decision to fire up their base and get support for partisan data legislation—but others worry about torpedoing privacy negotiations in Congress that rely on Republican support.

It makes sense to tie Roe to privacy, and scaring abortion opponents away shouldn’t be Congress’s concern, said Jelani Drew-Davi, director of campaigns at Kairos. The grassroots organization focuses on the intersection of tech and equity.

“From our perspective, it’s not something we should be afraid to talk about,” Drew-Davi said. “Privacy is on voters’ minds, and it will become even more of a point with Roe.”

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