Reproductive Data Privacy and Protection Act
- Sponsor
- Rep. Lieu, Ted [D-CA-36]
- Committees
- Judiciary Committee (primary)
- Last action
- May 6, 2025
Bottom line
The bill aims to create a legal shield protecting individuals' reproductive and sexual health data from being used in state or federal investigations and prosecutions.
What it actually does
This bill amends federal law (Title 18, U.S. Code, sections 2518 and 2703) to prohibit government entities from using intercepted wire, oral, or electronic communications, or customer records obtained via subpoena, court order, or warrant, to investigate or prosecute individuals involved in seeking, providing, or facilitating reproductive or sexual health treatment or care. It requires law enforcement applicants and court orders for data interception or disclosure to include explicit affirmations against such use, and broadly defines "reproductive or sexual health information."
Proponents argue
Proponents argue this bill is crucial for protecting the privacy and fundamental rights of individuals seeking or providing reproductive healthcare, especially in the wake of the Dobbs v. Jackson Women's Health Organization decision. They contend it prevents the weaponization of personal data by government entities, ensuring that sensitive health information is not used to criminalize reproductive choices or care, thereby safeguarding access to essential health services and protecting healthcare providers.
Opponents contend
Opponents might argue that this bill could hinder legitimate law enforcement investigations, particularly in cases where reproductive or sexual health information might be incidentally relevant to other serious crimes. They may contend it creates an overly broad exemption that could be exploited, potentially undermining the ability of states to enforce their own laws related to reproductive health, and could be seen as federal overreach into state jurisdiction.
The bill is very short and can be read and understood quickly, making it accessible for immediate evaluation.
Section 2(a), amending 18 U.S.C. 2518(1)
Affirmation Against Reproductive Data Use in Wiretap Applications
This provision requires any government entity applying for an order to intercept wire, oral, or electronic communications (a wiretap) to include a sworn statement affirming that the collected communications, particularly those related to reproductive or sexual health, will not be used to investigate or prosecute anyone involved in seeking, providing, or facilitating reproductive or sexual health treatment or care.
Supporters argue
Supporters argue this is a vital safeguard against the misuse of surveillance tools, ensuring that privacy protections extend to highly sensitive reproductive health information and preventing its weaponization in legal proceedings.
Critics contend
Critics might argue this could create a loophole, potentially allowing individuals involved in other criminal activities to shield relevant information if it is tangentially related to reproductive health, thereby impeding comprehensive investigations.
Tradeoffs
Balances individual privacy rights concerning reproductive health against the scope and effectiveness of law enforcement surveillance capabilities.
Section 2(b), amending 18 U.S.C. 2518(4)
Court Order Mandate Against Reproductive Data Use
This provision mandates that any court order authorizing the interception of wire, oral, or electronic communications must explicitly state that the contents of such communications, including reproductive or sexual health information, cannot be used to investigate or prosecute individuals involved in reproductive or sexual health treatment or care.
Section 2(c), amending 18 U.S.C. 2518
Broad Definition of Reproductive or Sexual Health Information
This section adds a comprehensive definition of "reproductive or sexual health information" to Title 18. It includes a wide range of data, from reproductive surgeries (like abortion and in vitro fertilization) and the use of contraceptives or medication abortion, to information about reproductive health conditions (like pregnancy, menstruation, and sexual activity), and any related medical or non-medical services.
Section 2(d), amending 18 U.S.C. 2703
Oath for Disclosure of Customer Communications or Records
This provision requires any government entity seeking customer communications or records (e.g., from internet service providers or phone companies) via subpoena, court order, or warrant to provide a sworn statement. This statement must affirm that the requested data, including reproductive or sexual health information, will not be used to investigate or prosecute anyone involved in inquiring about, seeking, obtaining, providing, or facilitating reproductive or sexual health treatment or care.