From May 11 to 16, the Human Factors in Information Systems conference was held in Hawaii. An entire session was devoted to period tracking applications. During this session, British researchers pointed out the data protection contradictions of these apps: 35% of the 20 apps they analyzed had contradictory provisions. Many of them provided for a broader scope of access to collected data by the authorities. That’s right, these apps allow the authorities to retrieve data on your menstrual cycle, ovulatory cycle and sexual activity, if they ask for it.
The alert launched in May is nothing new. Since 2019, organizations such as Privacy International have been alerting users of these apps to the scant protection afforded to their personal data.
What are these apps and what is their purpose?
Flo, Cycles, Glow, Clue… many apps offer tools for predicting menstrual cycles. The most popular apps, such as Flo and Clue, respectively counted 62 million and over 15 million active users worldwide in 2024 [1].Over the last decade, the number of applications for tracking menstrual cycles, fertility, contraception, sexual activity or sexual well-being has grown. Today, this phenomenon is known as Femtech, and covers all innovative products and services dedicated to women’s health.
Femtech promises to lift the veil on menstruation and the female organs. The idea is to help users better understand their bodies. Some platforms, such as Flo, even offer anonymous forums where users can have relaxed, non-judgmental discussions.
Putting an end to taboos about women’s bodies, yes, but what’s the catch?
Most of these applications are based on the Freemium model. In the case of Femtech apps, the free version provides period and ovulation predictions, a tracking system, a calendar and flow history, as well as a few other services depending on the app. The premium version provides access to advice from professional partners. Of Flo’s 62 million active users, only 3.4 million[2] have a Premium account. As you already know: if it’s free, you’re the product.
These apps sell your personal data every time you add information (cramps, mood, sexual activity, period, etc.). And they’re becoming more and more detailed, so they know exactly how you’re feeling. It’s even possible to share your data with your partner to improve your sex life, according to the developers. Your periods may be painful for you, but they’re very sweet for these companies. Your blood is not gold, it’s rubis (fyi rubis is more expensive).
What happens to your data?
There have already been several scandals linked to this sensitive data. In April 2019, the Washington post revealed that Ovia [3] was marketing users’ data to insurance companies, but also to their employers! This enabled them to find out when they were planning to return to work (after pregnancy), or if they were trying to get pregnant. Flo was also accused of reselling certain information to Meta.
The commercialization of this data is not the only cause for alarm.
In its privacy policy, the Flo states “We may also share some of your Personal Data in the following specific circumstances: In response to subpoenas, court orders or legal process, to the extent permitted and limited by law (including to meet national security or law enforcement requirements).”
This sharing of sensitive data will have an impact on many women. In the United States, for example, the Supreme Court has overturned the Roe v. Wade jurisprudence that constitutionally protected the right to abortion. As a result, many states, such as Texas, have made abortion illegal. So, if the state asks these apps to collect data from Texas users, they’ll be able to find out who has had an abortion and convict them. Even when these apps don’t collect your location, they still have access to your IP address, which gives your approximate location.
Does the requested info (yoga, illness, alcohool,…) really has an impact on your cycle? Is there an app that protects your data? Stay tuned for part 2.
[1] As of May 24, 2024 https://www.businessofapps.com/data/flo-statistics/#:~:text=200-,Flo%20Users,and%20280%20million%20registered%20users.
[2] https://flo.health/flo-premium
[3] Cycle tracker for women wishing to get pregnant
SOURCES :
- https://foundation.mozilla.org/en/privacynotincluded/categories/period-ovulation-trackers/
- https://flo.health/flo-premium
- https://dl.acm.org/doi/10.1145/3613904.3642384
- https://flo.health/fr/politique-de-confidentialite
- https://www.ftc.gov/system/files/ftc_gov/pdf/10-Laabadli-Understanding-Womens-Privacy-Concerns-Toward-Period-Tracking-Apps-in-the-Post-Roe-v-Wade-Era.pdf
- https://www.washingtonpost.com/technology/2019/04/10/tracking-your-pregnancy-an-app-may-be-more-public-than-you-think/
Inscrite à l’examen des cours complémentaires en droit luxembourgeois (CCDL) et étudiante en Master 2 en Droit de l’Économie numérique à l’Université de Strasbourg, je suis déterminée à mettre en œuvre mon expertise en droit numérique et propriété intellectuelle au sein d’équipes juridiques innovantes.
super intéressant cette première partie !! Merci pour ton travail Venise 👌🏽🫶🏽