VIRGINIA, USA — A new bill in Virginia that would help protect and keep menstrual data stored on apps and other electronic platforms private was thrown out after being opposed by the Youngkin administration.
The legislation by Sen. Barbara A. Favola (D-Arlington), S.B. 852, would prohibit search warrants from being issued to collect menstrual data stored on computers or other devices.
Sen. Favola said her bill is very straight forward and it's probably one of the shortest Senate bills this session.
"What the bill does is it says that a search warrant cannot be used to access menstrual health data that may be stored on an app or on another electronic platform," said Favola.
The Senator says the bill really protects a women's privacy and allows her to protect her very personal information about her menstrual health.
Favola said "This is such personal information. Nobody should have access to it but the woman herself. If she chooses to share it with her physician, so be it. But, it's really nobody's business. Certainly not the government's business when your menstrual cycle occurs and when it does not."
After passing with bipartisan support in the Senate 31-9, the bill was thrown out after failing in the House of Delegates on Monday following the Youngkin administration's expressed opposition to it.
“Currently, any health information or app information is available via search warrant,” said Virginia’s Deputy Secretary of Public Safety and Homeland Security Maggie Cleary, speaking on Youngkin’s behalf. “We believe that should continue to be the case.”
Sen. Favola claims she was inspired to write the bill after Roe V. Wade was reversed in June 2022 and Gov. Youngkin attempted to put a 15-week abortion ban into place shortly after.
Favola said "I thought 'goodness, we never really expected to be in this position,' and I felt I needed to take steps to ensure that information that women may be using cannot be used against them or to criminalize their behavior. That's why I went forward with the bill I did."
She explains the issue is that this information could eventually be used against women to get them in trouble with the law.
"The issue is if one day, and I don't think this day will ever come, Virginia actually had a very serious abortion ban and women had a menstrual app they were using. The question becomes could this menstrual app, could this information be used to criminalize their behavior."
Sen. Favola felt it was important to take steps proactively to protect that information since it is not protected under HIPPA and is not a medical record.
When asked how she felt about Gov. Youngkin's opposition, Sen. Favola said "I just don't buy the argument that this is going to set a precedent."
Adding that anytime you solve a new problem with a new solution that's precedent-setting.
Sen. Favola said Virginia will have to wait till the election of a new General Assembly in 2024 to try for the bill again.
"I don't expect to be able to put a bill on the governor's desk this session. But, we are going to have elections. The entire General Assembly will be up for election in November of 2023. We will have a new General Assembly in 2024 and we will try again," said Sen. Favola.
Adding, "I'm responding to what I believe is in the best interest and best health for Virginians."
A spokeswoman for Gov. Youngkin, Macaulay Porter, released a statement in response:
"Democrats are deliberately distorting the problems with this bill to distract Virginians from the fact that they chose to stand with fentanyl dealers over victims' families.”
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