Data Captured by Period-Tracking Apps isn’t Protected by HIPAA

Last week, Donald Trump was elected the 47^th president of the United States. Soon after, a post on X warning that personal data shared on pregnancy and menstrual cycle tracking applications could be used against individuals who sought abortions in the country went viral.

The post, which had more than 10 million views, advised that users immediately stop using the applications and delete them.

When the Supreme Court overturned Roe v. Wade in June 2022, similar warnings were shared online. These warnings also raise questions on whether private health data from period-tracking applications is covered under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

This federal law establishes standards for protecting the sensitive health data of patients from being shared without one’s knowledge or consent.

So, is private data from period-tracking apps protected under HIPAA?

Sadly, this law doesn’t protect private data from almost all period-tracking applications. This is mainly because most of these apps aren’t considered covered organizations under the law.

According to the U.S. Department of Health and Human Services, HIPAA regulations only apply to covered entities and to a certain degree, their business partners.

Covered entities include health care providers that carry out standard electronic transactions.

World Privacy Forum’s Founder and Executive Director, Pam Dixon, explained recently that if the privacy policy for a period-tracking application didn’t have a Notice of Privacy Practices, then the data shared on the app wasn’t protected by HIPAA.

This opinion is shared by the president and Executive Director of the Electronic Privacy Information Center, Alan Butler. Butler adds that most applications used for personal health that aren’t billed as part of a medical service aren’t covered under HIPAA.

Dixon also highlighted that apps claiming to be HIPAA compliant were a huge red flag, seeing as HIPAA compliance didn’t mean that the application was covered under this law.

A recent review also examined the privacy policies of some of the top period-tracking applications in the Apple application store. The review found that only Ovia Health stated that some of the data shared on its app was protected under HIPAA in specific circumstances.

So, what can individuals do to protect their privacy when using these applications?

The Federal Trade Commission advises that individuals:

• View an application’s settings to ensure it lets you control the health data you share with it
• Be aware of the risks that come with sharing your personal health data with an application
• Compare privacy options

One can also contact the commission at ReportFraud.ftc.gov if they think a period-tracking application shared their data without one’s consent. Additionally, users can visit the World Privacy Forum’s website for more tips on how to guard their health privacy data.

Entities like HealthLynked Corp. (OTCQB: HLYK) that specialize in innovative digital solutions for the healthcare sector can also be resourceful regarding the ways in which individuals can safeguard their data while using some of the apps on the market.

NOTE TO INVESTORS: The latest news and updates relating to HealthLynked Corp. (OTCQB: HLYK) are available in the company’s newsroom at https://ibn.fm/HLYK

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