New Senate Bill Seeks Better Health Data Protection Following Roe v. Wade Reversal

The UPHOLD Privacy Act was recently introduced by Democrat senators.

US Democrat senators introduced a new bill that aims to better protect the health data of Americans.

The introduction of the Upholding Protections for Health and Online Location Data (UPHOLD) Privacy Act in the Senate seeks to provide expanded safeguards for Americans' health and location data.

Annual Women's March In Washington DC Marks 50th Anniversary Of Roe v Wade
WASHINGTON, DC - JANUARY 22: People protest in front of the White House during the annual National Women's March on January 22, 2023 in Washington, DC. The march, also called "Bigger than Roe," was held to mark the 50-year anniversary since the ruling on Roe v. Wade, and to protest the Supreme Court’s ruling in the Dobbs vs Jackson Women's Health case, which takes back federal protections for access abortions. ( Anna Moneymaker/Getty Images


The bill addresses the concern that such personal data could be exploited to reveal the identities of those seeking reproductive health care services, particularly after the Supreme Court's overruled the Roe v. Wade decision that recognized abortion as a constitutional right.

The act proposes to limit companies' ability to collect, use, and profit from personally identifiable health data for advertising purposes. It would also give consumers more control over their personal health information while banning data brokers from selling sensitive data.

The UPHOLD Privacy Act seeks to address growing concerns about the potential misuse of personal data and enhance individual privacy rights, not just for health data but also for online location data.

The bill was introduced by US senators Amy Klobuchar (D-MN), Elizabeth Warren (D-MA), and Mazie Hirono (D-HI).

UPHOLD Bill

The UPHOLD Privacy Act seeks to forbid the utilization of personally identifiable health data for advertising purposes. This includes data from various sources such as medical centers, fitness trackers, users' own data, and browser histories. However, it is important to note that the proposed restrictions would not extend to public health campaigns.

"For too long companies have profited off of Americans' online data while consumers have been left in the dark, which is especially concerning in light of reports that some social media companies collect data related to reproductive health care," Klobuchar said in a statement.

"By stopping the use of personal health information for commercial advertising and banning the sale of location data, this legislation will put new protections in place to safeguard Americans' privacy while giving consumers greater say over how their sensitive health data is shared online."

Growing Concern Among Lawmakers

The proposed bill includes measures to further restrict the use of personal health data without explicit user consent, limit data collection by companies, and prevent the sale of location data by data brokers.

Earlier this year, Senators Klobuchar, Collins, Cantwell, and Lummis raised concerns over using personally identifiable health data by telehealth companies for advertising purposes.

They urged the companies to take steps to protect patient privacy. Similarly, Senators Klobuchar and Baldwin urged the Federal Trade Commission (FTC) to safeguard the privacy of women seeking reproductive health care. These actions indicate growing concern among lawmakers regarding the use and protection of personal health data.

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