4 Ways Health Care Providers Can Protect Data Privacy
Guest feature from the team behind the Euki App
Daily observances are not usually our thing, but in the wake of increasing digital privacy violations related to reproductive health care, we felt compelled to address the importance of protecting patient privacy on Data Protection Day – a.k.a. Data Privacy Day.
Today as people face the possibility of criminalization for their pregnancy outcomes in several US states, data protection is more important than ever. Even in restrictive settings, providers have an opportunity and a responsibility to support patients’ reproductive health data privacy and autonomy. Here are 4 ways to do that.
1. Know your technology.
Part of caring for your patients is taking steps to secure their health data. Start with these key practices:
- Communicate with patients via end-to-end encrypted (E2EE) messaging platforms like Signal or an E2EE electronic medical record system.
- Collect only data you really need, particularly when it comes to intake forms on online scheduling platforms. Have a protocol in place to clean and delete unnecessary data.
- Familiarize yourself with the privacy policies of vendors or platforms you work with— including those that use artificial intelligence (AI)— regarding your clinic’s control of patient data, storage and deletion practices, and disclosure practices if they receive a subpoena. (Will they inform you? Will they make an effort to protect the data?)
For specialized support, the Digital Defense Fund offers security and technology resources to “all movements working alongside one another for autonomy and liberation.” There are also new companies like aboboTech, building privacy-first, highly configurable clinic management software specifically designed for and with input from independent clinics.
2. Know your rights and mandatory reporting requirements.
Given the current patchwork of state laws, it is no surprise that many health care providers have doubts about what to report to state authorities or law enforcement. This sometimes leads to overreporting and contributes to the dangerous problem of pregnancy criminalization. If/When/How offers resources for providers, including state-specific mandatory reporting fact sheets.
It is also critical for health care facilities to know their rights when it comes to ICE, including how to identify a warrant. Physicians for Reproductive Health offers a practical toolkit in English and Spanish to help protect patients and staff.
3. Know the risks and the resources.
In an age of growing digital surveillance, privacy risks can take so many forms. Your patients’ privacy may be at risk when they:
- access the internet,
- search online,
- communicate via social media or certain messaging tools,
- schedule an appointment,
- use apps including most period trackers,
- drive to a health care facility, or
- pay for health care.
Digital privacy violations can lead to personal or legal harm, including intimate partner violence, coercion, civil penalties, and criminalization. While reproductive health tools like period tracking apps may carry particular risks for data privacy, even a tool like a map app can put patients accessing care at risk. Empower your patients to control their data without compromising their health by making sure they’re aware of tools like the Euki app or Drip for period and health tracking.
Great information resources include Euki’s digital privacy zine in English and Spanish, the Vagina Privacy Network (VPN) guide, developed by the Electronic Frontier Foundation (EFF) with MSI Reproductive Choices, and EFF’s Surveillance Self-Defense guide with comprehensive “tips, tools, and how-tos for safer online communications.”
4. Know your patient.
Every patient is unique, with different goals, needs, and risks. When it comes to protecting our privacy, there is no one size fits all recommendation. Factors that may affect a patient’s risk of criminalization and surveillance include age, disability, gender, race, sexuality, citizenship status, family and social dynamics, financial resources, geographic location, and prior experiences with the criminal justice system. Ask your patient about their particular concerns and challenges, then share the resources and recommendations that best apply to their unique situation.
The right to privacy – including digital privacy – is essential to self-determination. For all of us who care deeply about reproductive health and equity, it is more important than ever to work together to protect that right, today and every day.