LANSING, Mich. — Michigan Gov. Gretchen Whitmer encouraged the leaders of the nation's top tech companies to take "immediate measures" Wednesday to protect users' data, suggesting the information could be used to prosecute women or medical professionals involved in abortions.
"We have already begun to see instances of private data used to prosecute women seeking health care," Whitmer and Lt. Gov. Garlin Gilchrist, two Democrats, wrote in a letter. "Absent strong and transparent protections, such instances will erode trust in your platforms and products."
In June, the U.S. Supreme Court struck down the 1973 Roe v. Wade ruling, which had provided access to abortion nationally. The decision revived abortion bans in some states and spurred fights over enacting new standards in others.
A law on the books in Michigan's dates back to the 1840s and bars any attempt to "procure the miscarriage" of a woman, unless "necessary to preserve" her life. Enforcement of that law is currently on hold as a court battle plays out in the state. The Michigan policy would specifically target health care professionals who administer abortions.
Whitmer, who has championed abortion rights, sent her letter Wednesday to the leaders of five of the world’s biggest tech companies, Amazon, Apple, Facebook, Google and Microsoft.
Keyword searches, message histories, location data and general health data could all be used to target women and to criminally prosecute the doctors and nurses who provide abortions, Whitmer wrote.
"The technology from which your company generates revenue, especially online advertising, search, and social networking, is critical to connecting women to the care they need," Whitmer wrote. "You have a responsibility to help them, not harm them."
Among other measures, companies should notify users when a law enforcement agency requests their data, when legally possible, and should make available information about requests they receive for "sensitive health information," the governor said.
In a statement, Whitmer cited a National Public Radio report from Aug. 12 that said police in Nebraska had used Facebook messages to investigate an alleged illegal abortion.
"Amid an ongoing assault on women’s bodily autonomy by extremists who do not hesitate to use location and health data to target Michiganders, we must do more to protect everyone’s fundamental right to privacy," the governor said. "While some elected officials take steps to control and surveil women, nurses, and doctors, I am fighting like hell to protect Michiganders’ freedom and privacy.”
In July, Michigan Attorney General Dana Nessel issued a consumer alert, advising Michiganians to "very carefully review" policies for cellphone applications that hold personal health data.
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