Personal Health Information, Mobile Health & Health Apps, Privacy & Security

Have you considered your privacy rights when using birth control apps?

With a May 2024 update from the FTC on a pregnancy app that shared users’ sensitive information

Abstract from the article titled, "Before Using Birth Control Apps Consider Your Privacy" posted on Wired.com: "Natural Cycles’ privacy policy states that in using the app each user grants the company and any of its partners broad rights to “use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, communicate to the public, and otherwise utilize and exploit a user's anonymized information.”

Subjective: This article points out important considerations for people utilizing birth control and related apps that require the user to provide a significant amount of personal information. The somewhat galling aspect of which is that many users pay subscriptions for these services that in the end could make no small amount of money off this data.

Objective: Megan Moltini provides a balanced description of the pros and cons in using these types of apps. It is pointed out that many are not actively selling personal data at the time of the article and that the data they retrieve helps to provide a better product for its users. However, the potential for secondary use of the data for other unknown purposes is there.

Assessment: With statements such as this, users need to make educated choices about the apps that they choose to share their personal health information with: “Berglund says Natural Cycles’ only revenue stream at the moment is the app’s subscription service, and that selling customer data to third parties isn’t part of the company’s business plan. “We’ve never shared any data for financial purposes,” she says. But that may not always be the case. “I can’t say we’ll never share data, there’s no guarantees in life of what will happen.”

Plan: It has become very apparent that our personal data is being collected at great scale whether legally or illegally and it is important that we make active and educated choices about the health apps we use before automatically clicking the “Ok” or “I Agree” button when reviewing terms and conditions.

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Exploring Privacy Practices of Female mHealth Apps in a Post-Roe World

A recent research study from King's College London titled "Exploring Privacy Practices of Female mHealth Apps in a Post-Roe World" investigates the privacy practices of 20 popular female mobile health (mHealth) apps, focusing on period tracking, fertility, and pregnancy apps. The study uses a mixed-methods approach, including thematic analysis of Data safety sections and privacy policies, and a privacy-focused usability inspection.

Key findings include:

  1. Inconsistent Privacy Practices: The study reveals significant inconsistencies between what is declared in the Data safety sections and the actual privacy policies of the apps. Many apps claim not to share user data, but their privacy policies indicate otherwise, including sharing data with third parties and law enforcement.
  2. Flawed Consent and Data Deletion Mechanisms: The mechanisms for obtaining user consent and for data deletion are often flawed. Users frequently have to accept broad privacy terms to use the apps, with limited options to opt-out of data sharing. Moreover, data deletion processes are not always clear or fully effective, with some apps retaining user data even after account deletion.
  3. Sensitive Data Collection: Female mHealth apps collect highly sensitive data, including menstrual cycles, sexual activity, and physiological wellbeing, along with personally identifiable information. This data is often shared with third-party advertisers and could potentially be accessed by law enforcement, posing significant privacy risks, especially in a post-Roe v. Wade context.
  4. Privacy Safeguards: While some apps implement technical safeguards like data encryption, many do not clearly communicate these practices. Additionally, there is a lack of robust organizational measures to protect user data from breaches and unauthorized access.
  5. User Safety Concerns: The study highlights the potential for mHealth apps to be used for intimate surveillance and the commodification of sensitive data. In a post-Roe world, where abortion rights are more restricted, the misuse of such data could have severe implications for users' safety and privacy.

Recommendations include improving transparency in privacy practices, ensuring robust consent mechanisms, enhancing data deletion and portability features, and implementing strong technical and organizational safeguards to protect user data. The study calls for a dedicated focus on both user privacy and safety in the design and implementation of female mHealth apps.

This analysis underscores the urgent need for better privacy protections in female mHealth apps, especially given the sensitive nature of the data they handle and the changing legal landscape surrounding reproductive rights .