The Federal Trade Commission (FTC) prevented a data broker from selling sensitive geolocation data, including individuals’ medical visits, a groundbreaking move as advocates fear reproductive health information is at risk of being exposed after the fall of Roe v Wade.
The data broker Outlogic, formerly known as X-Mode Social, reached a settlement with the FTC following claims that the company was selling data that could be used to track individuals’ trips to “sensitive locations,” like reproductive health clinics.
The settlement marks the first time the agency has reached an agreement with a data broker concerning its efforts to sell sensitive location data.
The FTC noted that the location information that the company sold “is not anonymized,” making it easy to “match” where someone went with their phone.
“Geolocation data can reveal not just where a person lives and whom they spend time with but also, for example, which medical treatments they seek and where they worship, FTC Chair Lina Khan said in a statement.
On top of placing restrictions on selling sensitive location data, the FTC’s settlement requires the company to delete data that had been collected without consent and to give consumers a “simple and easy-to-find way” to block the company from using their data.
The government has taken steps to safeguard individuals’ privacy in recent years, especially after the landmark Supreme Court decision was reversed.
Abortion rights advocates at the time warned that data from phone apps — including period-tracking apps — could reveal womens’ sexual health decisions, and could be used nefariously.
In 2022, weeks after Roe was overturned, President Joe Biden signed an executive order calling for agencies to “take additional steps” to protect patient privacy, including the “sales of sensitive health-related data.”
The same year, the FTC sued Kochava, another data broker, alleging that the company has sold data that could tie individuals’ phones to the locations they visited, including reproductive clinics and houses of worship. That case is still ongoing.
A group of senators introduced legislation in June 2022 aiming to prevent data brokers from selling some of the most sensitive data. And in May 2023, California Congresswoman Sara Jacobs introduced the My Body, My Data Act, aiming to restrict reproductive health data that companies can collect, and therefore misused.
Following the settlement, Planned Parenthood’s National Director of Public Policy Laurel Sakai said in a statement to The Independent: “Everyone, no matter where they live or how much money they have, should be able to access the health care they need, free from fear that their health information will be sold or used against them. Given the ongoing attacks on abortion access, this is an important action to reinforce peoples’ health privacy.”
