Virginia Gov. Glenn Youngkin blocks bill that would stop cops from accessing menstrual data

Richmond, Virginia - Virginia Governor Glenn Youngkin's administration has put a stop to a bill that would prevent law enforcement from accessing private data stored in period-tracking apps.

Virginia Gov. Glenn Youngkin stopped a bill that would block cops from accessing private data on period-tracking apps.
Virginia Gov. Glenn Youngkin stopped a bill that would block cops from accessing private data on period-tracking apps.  © ALEX WONG / GETTY IMAGES NORTH AMERICA / GETTY IMAGES VIA AFP

Increasingly, people around the US are tracking their menstrual cycles using mobile apps, which are not bound by the federal health privacy law known as HIPAA.

Fears that the data could be misused to track and punish people who seek abortions grew after the US Supreme Court overturned Roe v. Wade in June and Republican-controlled states began passing a slew of anti-abortion measures. Youngkin has also expressed support for a 15-week abortion ban.

Virginia's SB 852 sought to prevent law enforcement from issuing search warrants on period-tracking data stored on electronic devices. The legislation passed out of the state senate last week on a 31-9 vote, with all Democrats and half of Republicans in support.

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The common-sense privacy measure seemed like a no-brainer to pass – until Youngkin's administration stepped in. The Republican governor's deputy secretary of public safety and homeland security, Maggie Cleary, approached a House Courts of Justice subcommittee and convinced the Republican majority to table the bill, in effect ending its chances of moving forward.

"While the administration understands the importance of individuals’ privacy, we do oppose this bill. This bill would be the very first of its kind that I’m aware of, in Virginia or anywhere, that would set a limit on what search warrants can do," Cleary said, according to the Washington Post.

"Currently, any health information or any app information is available via search warrant. And we believe that should continue to be the case," she added.

Abortion rights advocates slam Youngkin administration

Youngkin has also expressed support for a 15-week abortion ban.
Youngkin has also expressed support for a 15-week abortion ban.  © ALEX WONG / GETTY IMAGES NORTH AMERICA / GETTY IMAGES VIA AFP

Abortion rights advocates were quick to condemn the Youngkin administration's efforts to kill the bill.

"The Youngkin Administration’s opposition to this commonsense privacy protection measure shows his real intentions – to ban abortion and criminalize patients and medical providers," Tarina D. Keene, executive director of REPRO Rising Virginia, told the Washington Post.

State Senator Barbara Favola, lead sponsor of the bill, called the subcommittee's decision to scuttle the bill "very disappointing."

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"This is a search warrant for menstrual-health data that may be kept on an app," she said. "I don’t think anybody has any business knowing that data other than the woman who is tracking it – period. That’s why I put my bill in. It should not be used to prosecute women. It should not be used for any reason. It should not be accessed."

Though tabling the bill doesn't mean it can't be brought back up, it's very unlikely that will be the case.

Cover photo: ALEX WONG / GETTY IMAGES NORTH AMERICA / GETTY IMAGES VIA AFP

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