CA Governor Enacts 2 Laws Protecting Abortion Data Privacy

California Governor Gavin Newsom enacted two new bills into law that have implications for abortion data privacy within the state.

As previously reported, the California State Legislature passed a bill (AB 1242) that would protect abortion data privacy by preventing out-of-state law enforcement officers from executing search warrants on California-based companies for the purpose of advancing an anti-abortion case, among other provisions.

Newsom signed AB 1242 into law, officially prohibiting law enforcement and California corporations from cooperating with out-of-state entities in relation to lawful abortions that occurred in California. The bill also included provisions to prohibit the arrest of anyone performing a lawful abortion in California.

Newsom also enacted AB2091, which was introduced by Assemblymember Mia Bonta, prohibits a “healthcare provider from releasing medical information on an individual seeking abortion care in response to a subpoena or request from out-of-state,” the announcement stated.

The bill also included provisions that would prohibit prison staff from disclosing medical information about an incarcerated pregnant person seeking an abortion, specifically if the information was requested based on another state’s law that interfered with the person’s right to an abortion.

In addition to the data privacy-focused bills, Newsom signed several other bills into law that expand birth control access, ensure that pregnancy loss is not criminalized, and expand training options for Nurse Practitioners and Certified Nurse-Midwives.

“An alarming number of states continue to outlaw abortion and criminalize women, and it’s more important than ever to fight like hell for those who need these essential services. We’re doing everything we can to protect people from any retaliation for accessing abortion care while also making it more affordable to get contraceptives,” Newsom stated.

“Our Legislature has been on the frontlines of this fight, and no other legislative body in the country is doing more to protect these fundamental rights – I’m proud to stand with them again and sign these critical bills into law.”

The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization prompted patients, providers, regulators, and tech companies to rethink data privacy. Providers must navigate legal confusion, as tech companies shift their privacy policies to protect abortion data. Meanwhile, regulators such as the US Federal Trade Commission are cracking down on inadequate data privacy practices. 

As exemplified by California, individual states may have to enact state laws that protect their residents’ abortion-related health data from being used against them.