Abstract

In the sphere of post-Dobbs reproductive surveillance, privacy laws and Fourth Amendment jurisprudence must adapt to ensure the security of patients’ healthcare information. Patients seeking reproductive healthcare services after the Supreme Court’s decision to overturn Roe v. Wade in Dobbs v. Jackson Women’s Health Organization are subjected to invasive investigations and prosecutions under state laws criminalizing abortion access, regardless of whether these patients actually obtained an abortion. Previous works have separately analyzed the impact of data shield laws and Fourth Amendment jurisprudence in the field of reproductive health law but have failed to address the inherent intersection of these two areas in creating a holistic solution to protecting medical data for all patients after Dobbs. This Note argues that a two-pronged solution including both a federal medical data shield law and a warrant requirement for third-party access to medical information will best address the privacy concerns within the reproductive healthcare space after Dobbs. By addressing both cross-jurisdictional privacy concerns and preventing warrantless access to medical records, patients’ deeply personal reproductive health information will be treated with the care required under the Fourth Amendment.

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