By Sue Khan, VP of Privacy
The overturning of Roe v. Wade fundamentally changed the reproductive rights landscape in America. It also sparked urgent conversations about digital privacy and how period tracking data could be used against those who rely on it, in jurisdictions where abortion is restricted or banned.
I wrote about this topic last year, but I want to revisit it to go deeper and share additional practical steps you can take to protect yourself. Let’s separate facts from fears, and focus on what you actually need to know to protect your reproductive health data.
Why the Conversation Changed
When the Supreme Court overturned Roe v. Wade in June 2022, it eliminated federal protection for abortion rights and allowed individual states to set their own policies. Some states immediately restricted or banned abortion access.
This created a new reality in which seeking or obtaining an abortion in certain U.S. states could now have legal consequences. And that raised a critical question of whether digital health data could be used to identify or prosecute people who've had abortions.
The concerns were valid. People use period tracking apps to log menstrual cycles, fertility windows, sexual activity, pregnancy tests, symptoms that might indicate pregnancy, and gaps in expected periods. In theory, this data could paint a picture of someone's reproductive choices. This created fear about the potential for U.S. law enforcement to subpoena period tracking data in states where abortion is restricted.
While Roe v. Wade sparked conversations in the United States, privacy concerns about reproductive health data are global. The political landscape around abortion laws has shone an international spotlight on the importance of privacy and the potential dangers of data misuse.
I want to emphasise that these types of requests are extremely rare — and to date, Flo has not received one of this kind. That said, not all apps protect data in the same way. Services with strong privacy safeguards and clear processes for reviewing and, where appropriate, challenging requests can significantly limit data exposure. Choosing platforms with robust protections in place offers stronger security than those without them.
What Changed (And What Didn't) at Flo
Concerns about period-tracking data come from very real concerns about reproductive rights and personal autonomy. Those concerns are valid and deserve to be taken seriously.
At the same time, the answer isn’t to stop using digital health tools altogether. Period-tracking apps can provide helpful insights, support family planning, and make it easier to have informed conversations with healthcare providers. Rather than going back to pen and paper, the key is choosing apps that take privacy seriously — with strong protections in place, independent verification, and clear, transparent practices. That way, you can benefit from the technology while staying confident about how your data is handled.
At Flo, our commitment to protecting your data did not start after Roe — it has always been a priority. Even before Roe, our long-standing process is that any request to share user data with a third party must be supported by a legally valid document, such as a subpoena or court order, and reviewed by our Chief Legal & Compliance Officer. Any request would be subject to careful legal scrutiny, and where appropriate, we would challenge it or seek to narrow its scope.
That approach hasn’t changed. We continue to protect user data with the same care and diligence.
What did change post-Roe was our awareness of how deeply personal health data could impact individuals in certain legal and social environments. As a result, we made a deliberate decision to accelerate the development of additional privacy-enhancing features, such as Anonymous Mode.
Flo’s Anonymous Mode
In September 2022, we launched Anonymous Mode, a specialized feature designed to address privacy concerns in the post-Roe landscape. Anonymous Mode has since won and been nominated for multiple awards, such as PICCASO’s Most Innovative Data Privacy Project 2024, Fast Company’s World Chancing Ideas 2023, TIME's Best Inventions of 2023, and IAPP's Privacy Innovation Award in 2022.
What makes it different:
- No one, not even Flo, can identify you by your health data.
- If we were ever to receive a legally valid subpoena or court order, we wouldn’t be able to share information about someone using Anonymous Mode — because we simply don’t have the details needed to identify that person.
- The feature uses advanced encryption and Cloudflare's App Relay to minimize your digital footprints. You can find more technical details in our whitepaper.
- It's available free to anyone using Flo, regardless of location or subscription type.
At Flo, we don’t think about privacy as merely complying with legal requirements. We’ve gone beyond compliance to set a higher bar for privacy protection in the femtech industry. Privacy is at the root of reproductive autonomy, so we continue taking concrete technical steps to protect it.
Other Measures You Can Take to Protect Your Data
Protecting your reproductive health data requires a layered approach. Beyond the privacy protections Flo builds into our platform, there are several actions you can take on your end to strengthen your data security and maintain control over what you share.
- Use Anonymous Mode: If you're concerned about data privacy, enable it in your Flo settings. This provides maximum protection.
- Enable device-level security: Use biometric locks (fingerprint or Face ID) for your Flo account so only you can access the app.
- Review your privacy settings: Understand what you're sharing and adjust consent preferences accordingly to actively control how your reproductive health data is used.
- Be mindful of what you track: Consider what level of detail you're comfortable logging, and use apps in accordance with this level.
- Understand your rights: Know that you can access, update, or delete your data at any time.
- Use encrypted communications: If you're discussing sensitive health topics with other people, use encrypted messaging apps.
Your Choice, Your Privacy
The post-Roe reality has made digital privacy more important than ever for reproductive health. But it's also clarified that not all apps are created equal when it comes to protecting your data. You have the right to track your health without fear, and to tools that empower you with information.
Your body. Your data.
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