Period Apps and HIPAA: Protecting Your Data

Millions use period apps for planning and convenience, but with that convenience comes growing concern over how private health data is handled. The reversal of Roe v. Wade has only intensified questions about whether these apps can truly be trusted with such sensitive information.  

In this blog, we explain how HIPAA does (and doesn’t) apply to these apps, what that means for users, and how online HIPAA training can help organizations safely handle private health data. 

Are Period Tracker Apps HIPAA Compliant?  

The Health Insurance Portability and Accountability Act (HIPAA) establishes national standards to protect individuals' medical records and other protected health information (PHI). It applies to covered entities, including healthcare providers, health plans, and clearinghouses. However, HIPAA's reach extends beyond traditional healthcare settings.  

The rise of technology has blurred the lines of what constitutes a covered entity. While HIPAA doesn't directly address third-party apps like period trackers, its principles can still be relevant. This is where the gray area emerges. 

​​HIPAA vs. Consumer Privacy Laws  

While HIPAA was designed to safeguard medical information shared between patients and healthcare providers, it doesn’t cover every situation. For example, if you use a period tracker app, that data isn’t always protected under HIPAA since the app may not qualify as a “covered entity” or “business associate.” That’s where broader consumer privacy laws come in. 

Laws such as the California Consumer Privacy Act (CCPA) and the European Union’s General Data Protection Regulation (GDPR) extend protections beyond the healthcare sector. They give consumers the right to know what data is collected, request deletion, or opt out of data sales.  

While these laws vary by region, they can provide an additional safety net for sensitive health-related data when HIPAA does not apply. Understanding the difference helps you know what protections you’re entitled to and when you may need to be extra cautious about the apps and services you use.  

Period Tracking Privacy Concerns  

Period tracker apps offer numerous benefits, from tracking menstrual cycles and predicting ovulation to managing symptoms and providing health insights. However, these benefits come with the underlying concern of data collection and sharing practices.  

It's important to understand what data is being collected by period tracker apps, how it's used, and with whom it's shared. This information is often buried deep within lengthy and complex user agreements. Users should be careful of apps that collect excessive data, such as location, social media activity, or even purchase history, as this is beyond what's necessary for their core functionality.  

A key concern is the practice of data sharing with third-party entities. Period tracker apps may sell or share user data with advertisers, research firms, or even data brokers. This can lead to targeted advertising, profiling, and even potential misuse of sensitive information.  

The issue lies in the fact that most period tracker apps are not covered entities under HIPAA. This means they aren't legally bound by its data privacy regulations. This leaves users vulnerable to the app's data collection and sharing practices, with no guarantee of security or confidentiality.  

HIPAA and Period Tracking Apps After Roe v. Wade  

The 2022 reversal of Roe v. Wade sparked new fears around reproductive health data privacy. Many worry that information from period tracker apps could be used to monitor pregnancies, identify individuals seeking abortions, or even support law enforcement investigations. As a result, countless users have deleted these apps altogether, concerned about how their most personal data might be misused.  

Case Study: The Flo App Controversy  

In 2021, the popular Flo app faced a major data breach, exposing intimate details about its users to third-party companies without their consent. This incident highlighted the potential risks associated with period tracker apps and the lack of robust data protection measures.  

The concerns surrounding period tracker apps are just a small part of a larger issue: the pervasive data collection practices in the digital age. From social media platforms to fitness trackers, our online activities are constantly being monitored and monetized.  

This raises questions about individual privacy, data security, and the potential for discriminatory practices based on personal health information.  

Can Police Access Period Tracker Data?  

Let’s look at a difficult scenario. In states where abortion is criminalized, a patient decides to seek one elsewhere. While no state currently outlaws traveling for an abortion, some states, including Texas, Missouri, and Tennessee, have recently made efforts to restrict residents from helping others obtain out-of-state abortions. 

So, someone decides to leave the state for an abortion where it is legal. Law enforcement receives an anonymous tip about this person and decides to investigate. They discovered the patient had a period tracker app and wanted the patient’s health data to find out information, such as how far along they were in their pregnancy.  

Are tech companies required to give this data willingly? The answer: it's complicated.  

Most period tracker apps are not covered entities under HIPAA, meaning they aren't legally bound by its data privacy regulations. This leaves them free to share user data with law enforcement, with or without a warrant, depending on their own data-sharing policies and contractual agreements.  

However, some states have specific HIPAA laws on reproductive health information, which may restrict period tracker apps from sharing such data with law enforcement. Keep in mind that these laws vary greatly by state, and their scope, strength, and interpretation are subject to ongoing legal debates.  

How to Find the Best Period Tracking Apps With Strong Data Privacy  

Not all period tracking apps treat your personal data with the same level of care. And if you’re wondering how to protect health data on period apps, look for apps that prioritize security and transparency.  

A few key features can make a big difference:  

• End-to-end encryption ensures that no one, including the app developer, can access your data without your permission.  

• Clear privacy policies explain how your information is collected, used, and stored, which provides insight into whether your data could be shared with third parties.  

• No data selling commitments are crucial. Choose apps that explicitly state they do not sell or monetize your data.  

• Local data storage options allow you to keep your health information only on your device, instead of storing it on external servers, minimizing the risk of exposure.  

Evaluating these factors means you can use a period tracker with greater peace of mind, knowing your most personal health data is protected.  

Navigating the Path Forward With 360training  

In the absence of clear legal frameworks, users must be empowered to make informed choices about their data. Period tracker apps should prioritize transparency in their data collection and sharing practices. Users should be given clear and concise information about what data is collected, how it's used, and with whom it's shared.  

Additionally, robust data security measures are essential to prevent unauthorized access and misuse of sensitive information. 

Ultimately, the responsibility lies with both users and app developers. Users must be vigilant about protecting their data, while developers must prioritize data privacy and security. Only through a combination of user awareness and responsible app development can we ensure that our most intimate data remains protected in the digital age.  

These implications for reproductive health information are a stark reminder that we need to be proactive about protecting our health data. Taking an online HIPAA course can empower you with the knowledge to make informed choices about the apps you use and your data's security.  
360training offers comprehensive, online HIPAA courses for healthcare workers, medical office staff, dental offices, and mental healthcare providers. Check out our complete HPAA Training course catalog on our website to get started!