Reproductive Data Privacy and Protection Act
- Bill Number
- H.R. 3218
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-05-06: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-06-26T08:07:39Z
AI-Generated Summary
Purpose
The Reproductive Data Privacy and Protection Act aims to safeguard the privacy of individuals' reproductive and sexual health information by prohibiting federal law enforcement from using intercepted communications or compelled disclosures of data to investigate or prosecute people involved in seeking, providing, or facilitating such health care services.
Key Provisions
- Amendments to Wiretap Applications and Orders (Section 2518):
- Requires applicants for court authorization to intercept wire, oral, or electronic communications to include a sworn statement affirming they will not use any intercepted content—especially reproductive or sexual health information—to target individuals inquiring about, seeking, obtaining, providing, or facilitating reproductive or sexual health care.
- Court orders approving interceptions must include a similar prohibition.
- Definition of Reproductive or Sexual Health Information:
- Covers data related to reproductive surgeries or procedures (e.g., abortion, in vitro fertilization); use or purchase of contraceptives, medication abortion, or related drugs/devices; prescriptions or recommendations for such items; health conditions like pregnancy, menstruation, fertility, sexual activity, or unprotected sex; and any associated medical or non-medical services.
- Amendments to Compelled Disclosures (Section 2703):
- Government entities seeking customer communications or records via subpoena, court order, or warrant must provide a sworn statement that they will not use the disclosed information, including reproductive or sexual health data, to investigate or proceed against individuals connected to reproductive or sexual health care.
Significant Changes to Existing Law
- Introduces new affirmative requirements in the federal wiretap statute (18 U.S.C. § 2518) and stored communications disclosure statute (18 U.S.C. § 2703), which previously lacked specific protections for reproductive health data.
- Adds a detailed definition of "reproductive or sexual health information" to § 2518, ensuring consistent application across these laws.
- Shifts from general privacy protections to targeted prohibitions on using surveillance tools for reproductive health-related investigations, closing potential gaps exposed by recent changes in abortion laws.
Potential Impacts
- On Government Agencies: Federal agencies like the FBI or DOJ face stricter limits on using surveillance and data requests in reproductive health cases, potentially requiring more careful justification for investigations and increasing administrative burdens for compliance.
- On Citizens: Enhances privacy for individuals accessing reproductive health services (e.g., abortion, contraception, fertility treatments), reducing fears of federal tracking or prosecution based on digital communications.
- On International Relations: Minimal direct impact, though it could influence U.S. positions in global discussions on digital privacy and reproductive rights by signaling stronger domestic protections.
- Broader effects may include discouraging misuse of federal tools in states with restrictive abortion laws, promoting trust in healthcare and digital services.
Main Stakeholders Affected
- Individuals: People seeking or providing reproductive or sexual health care, including patients, doctors, and counselors, who gain protections against federal data misuse.
- Healthcare Providers and Organizations: Clinics, pharmacies, and reproductive rights groups benefit from reduced risk of federal interference in patient care.
- Technology and Service Providers: Companies handling communications (e.g., phone carriers, email services) must verify government requests include the required statements before complying.
- Government Entities: Law enforcement and intelligence agencies are primary targets for restrictions, potentially affecting how they pursue unrelated crimes if communications overlap with health data.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens federal privacy statutes by carving out protections similar to those for other sensitive health data (e.g., HIPAA for medical records), but applies specifically to electronic surveillance; may lead to court challenges testing the scope of these prohibitions in mixed-use investigations.
- Constitutional: Aligns with privacy rights under the Fourth Amendment (protection against unreasonable searches) and potential due process concerns post-Dobbs v. Jackson Women's Health Organization (2022 Supreme Court decision overturning federal abortion protections), emphasizing reproductive autonomy without directly addressing state laws.
- Political: Could spark debates on balancing national security with personal privacy, especially in a polarized climate around reproductive rights; as an amendment to criminal procedure laws, it reinforces federal limits on state-federal tensions in health policy without overriding state authority.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (23)
Rep. Jacobs, Sara [D-CA-51], Rep. Ross, Deborah K. [D-NC-2], Rep. Frost, Maxwell [D-FL-10], Rep. Scholten, Hillary J. [D-MI-3], Rep. Brownley, Julia [D-CA-26], Rep. Moulton, Seth [D-MA-6], Rep. Salinas, Andrea [D-OR-6], Rep. Clarke, Yvette D. [D-NY-9], Rep. Huffman, Jared [D-CA-2], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. DelBene, Suzan K. [D-WA-1], Rep. Frankel, Lois [D-FL-22], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Lynch, Stephen F. [D-MA-8], Rep. Chu, Judy [D-CA-28], Rep. DeSaulnier, Mark [D-CA-10], Rep. Johnson, Julie [D-TX-32], Rep. Tlaib, Rashida [D-MI-12], Rep. Escobar, Veronica [D-TX-16], Rep. Craig, Angie [D-MN-2], Rep. McClain Delaney, April [D-MD-6], Rep. Thanedar, Shri [D-MI-13], Rep. Beatty, Joyce [D-OH-3]
Recent Actions
- 2025-05-06: Referred to the House Committee on the Judiciary.
- 2025-05-06: Introduced in House
- 2025-05-06: Introduced in House
Bill Versions
- Reproductive Data Privacy and Protection Act — issued 2025-05-06 — PDF (4 pages)