SB 1243 would prohibit the use of location on menstrual data for individuals seeking reproductive healthcare and prohibit the extradition of Virginians for facilitating out-of-state abortions
Richmond, VA – Yesterday afternoon, the Senate of Virginia passed Senator Scott A. Surovell’s (D-Mt. Vernon) legislation SB 1243, which will stop location on menstrual data from being used to target individuals who visit reproductive health providers and prevent Virginians from being extradited for facilitating out-of-state abortions. In the aftermath of the Supreme Court of the United States overturning Roe v. Wade, reproductive rights advocates expressed concern that technology companies such as Google and Apple could be compelled to provide location history data collected from phones or other wearable devices to state governments for the purpose of prosecuting laws against abortion. At the federal level, a group of U.S. Senators called on Google to stop collecting such data last July. Surovell’s bill would codify that unless otherwise authorized by law, obtaining, disclosing, selling, or disseminating any such information is prohibited.
Surovell has been a strong advocate for reproductive healthcare freedom and data privacy. He introduced legislation to codify Roe v. Wade in Virginia when Democrats controlled the House of Delegates, Senate, and statewide offices. In 2020, he also carried legislation which would have allowed consumers to sue corporations for knowingly selling inaccurate data about the consumer. The bill also creates a private right of action to allow Virginia women to enforce violations of the act.
“Protecting the right to personal privacy around reproductive healthcare services is a no-brainer,” Surovell said. “This legislation will ensure that these services remain safe and private in Virginia. The private right of action is especially critical given that it is unlikely the Attorney General of Virginia would be willing to protect Virginia women’s reproductive health data through the existing Virginia Data Privacy Act. Thank you to my colleagues for sending this important legislation to the floor.”
Repro Rising Virginia Policy Director, Lexi White supported the bill in committee. “This important legislation protects patients and their loved ones in their efforts to seek critical care and safeguards patient data from getting into the wrong hands,” White said. “We are happy to see this bill move forward and hope to see this commonsense privacy measure become law.”
The next step for the legislation will be consideration in the House. If it is approved by the legislature and signed by the Governor, it will become law in July 2023.
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Senator Scott A. Surovell represents parts of Fairfax, Prince William, and Stafford Counties since 2015. Prior to his time in the Senate, Surovell served six years in the House of Delegates. Surovell lives in Mt. Vernon with his wife and four children. He practices law and has dedicated his legislative career to fighting for Northern Virginia’s fair share, protecting consumers, and preserving our environment for future generations.