✅ Abortion digital privacy

Social media applications on a smart phone. Photo via iStock Photo
Social media applications on a smart phone. Photo via iStock Photo

By Kristen Hwang

WHAT THE BILL WOULD DO

Up until the last day of the session, Democratic lawmakers responded to shifts in the national abortion landscape with amendments aimed at curtailing some of the ripple effects of the U.S. Supreme Court’s reversal of Roe v. Wade. Democratic Assemblymembers Rebecca Bauer-Kahan of Orinda, Mia Bonta of Oakland and Cristina Garcia of Bell Gardens inserted an amendment into AB 1242 preventing California-based tech companies from disclosing user information to out-of-state law enforcement agencies seeking to prosecute someone for obtaining or providing an abortion. That means companies like Facebook, Apple or Google — all of which facilitate private digital communications — could not turn those records over to another state where abortion is illegal.

The measure would also prohibit California law enforcement agencies from arresting anyone who obtains or performs a legal abortion and prevents them from cooperating with out-of-state law enforcement agencies investigating an abortion.

WHO SUPPORTS IT

This measure was sponsored by Attorney General Rob Bonta and is supported by the Future of Abortion Council, the California Public Defenders Association, the Los Angeles County District Attorney’s Office and the University of California.

WHO IS OPPOSED

It is opposed by the Right to Life League, which also opposed AB 2223 and AB 2091.

WHY IT MATTERS

Digital security has become a hotly debated topic in the abortion world following Roe v. Wade’s overturn. The proliferation of period-tracking reproductive health apps along with a high-profile Nebraska case where prosecutors subpoenaed Facebook messages from a mother charged with helping her daughter get an illegal abortion has led to scrutiny of how tech companies handle patient privacy.

And, as more out-of-state women travel to California for abortions, this measure seeks to protect California abortion providers from criminal and civil liability elsewhere.

GOVERNOR’S CALL ✅

Newsom signed the bill on Sept. 27.

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