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With the rise of digital surveillance, securing our health data is no longer just a privacy issue—it’s a matter of personal safety. In the wake of the Supreme Court’s reversal of Roe v. Wade and the growing restrictions on abortion and gender-affirming care, protecting our personal health data has never been more important. And in a world where nearly half of U.S. states have either banned or are on the brink of banning abortion, unfettered access to personal health data is an even more dangerous threat.
That’s why EFF joins the New York Civil Liberties Union (NYCLU) in urging Governor Hochul to sign the New York Health Information Privacy Act (A.2141/S.929). This legislation is a crucial step toward safeguarding the digital privacy of New Yorkers at a time when health data is increasingly vulnerable to misuse.
Why Health Data Privacy Matters
When individuals seek reproductive health care or gender-affirming care, they leave behind a digital trail. Whether through search histories, email exchanges, travel itineraries, or data from period-tracker apps and smartwatches, every click, every action, and every step is tracked, often with little or no consent. And this kind of data—however collected—has already been used to criminalize individuals who were simply seeking health care.
Unlike HIPAA, which regulates ‘covered entities’—providers of treatment, payors/insurers—who are part of the traditional health care system and their ‘business associates,’ this bill would expand its reach to cover a broad range of ‘new’ entities. These include data brokers, tech companies, and others in the digital ec
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