Data privacy is a growing concern in our fast-paced society, as it has become increasingly necessary to relay and retain information digitally. However, the United States trails behind its counterparts in terms of the strength of existing data protection legislation. Unlike the European Union and its General Data Protection Regulation (“GDPR”) law, the United States has no similar comprehensive data protection act. This lack of legislation has led to the exploitation of people’s private data and allowed companies to utilize loopholes in current laws to access sensitive health information. Data brokers have been collecting and reselling consumers’ personal information, including their health data. To combat the actions of data brokers and other parties that might desire to be privy to sensitive data, the bipartisan American Data Privacy and Protection Act (“ADPPA”) has been proposed and is arguably the nation’s first comprehensive legislation affecting information privacy that has a substantial prospect of passage. This case note looks at the history of data brokers and their relationship to the evolving field of data privacy, specifically concerning reproductive health information. Additionally, an overview and comparison of the GDPR is examined. Recent trends in government action concerning the protection of reproductive health information are discussed, and the possible effects of the passage of the ADPPA are considered, too.
Data for Sale: Navigating the Role of Data Brokers and Reproductive Health Information in a Post-Dobbs World,
SMU Sci. & Tech. L. Rev.