Tracking the Trackers: ‘Menstruapp’ Privacy Policies Following the Dobbs Decision

ABSTRACT

Reproductive rights have faced uncertainty following a succession of court decisions since 2021, particularly following the decision in Dobbs v. Jackson Woman’s Health. This article explores the response from mobile applications dubbed “period trackers” or “menstruapps,” which allow individuals to track their menstrual cycles on mobile devices. Following the Dobbs decision and subsequent efforts by states to criminalize abortion, there were many voices concerned about the data these apps collect. This paper analyzes the privacy policies from over 30 apps. Specifically, focusing on how these apps changed their language, or not, during a period when reproductive rights were under increased threat.

KEYWORDS:

• Abortion
• reproductive rights
• privacy
• technology
• mobile applications

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1. For example, Idaho (Vestal 2023).

2. But see https://www.cnn.com/2023/09/23/us/nebraska-abortion-pill-jessica-burgess/index.html where Facebook handed over the messages between a mother and her teenage daughter that demonstrated the mother aided the daughter in getting a, now illegal, abortion. Based in part on the evidence in those messages, the mother was sentenced to two years in prison while the daughter was sentenced to 90 days.

3. For example, the website for Flo, one of the apps we analyzed, says “Understand your cycle and feel your best If you want to know more about your body and how your cycle can affect everything from your mood to your energy levels, tracking your periods and ovulation is a great place to start” (see https://flo.health/).

4. This is also complicated by location as Europe has more stringent protections of user data, especially when it comes to minors.

5. AppMagic estimates the accuracy of their daily numbers to be higher than 80%, and the accuracy of their monthly numbers to be higher than 90%. See https://appmagic.rocks/about.

6. Also see https://www.statista.com/statistics/1307702/top-period-tracker-apps-worldwide-by-downloads/. All applications in the Statista data were included in the AppMagic sample, and Statista cites AppMagic as one of the sources of their data.

7. See Appendix for an additional table displaying the policy name, application name, the application store in which it is available, and number of US and worldwide lifetime downloads.

8. See https://www.diffchecker.com/.

9. It is worth noting that Spot On had a lengthy and thorough privacy policy.

10. See https://oag.ca.gov/privacy/ccpa.

11. See https://flo.health/press-center/flo-launches-anonymous-mode.

12. See https://flo.health/press-center/flo-response-ftc-settlement-update.

13. We should also mention that the privacy policy from Spot On is encompassing of the larger Planned Parenthood website and their other online/digital services.

14. Not including Clue who added but then removed a statement of this type between updates.

15. We recognize that threats to reproductive rights are under threat globally, and other countries make the United States look liberal by comparison, but for our analysis we are limiting our discussion to the United States.

16. In instances where applications do not charge, the common refrain is that the application is not the product but instead that the user and their data are the product.

17. One that we do not fully explore in this article.

18. See https://www.anastasia-kovba.com/menstrual-calendars/.

19. For comparison, Clue’s October 21^st 2021 policy comes in at 7,216 words, StatDust’s October 19^th 2022 policy comes in at 3,527, and PinkBird’s policy from April 2^nd 2020 is 1,794 words.

20. See https://helloclue.com/articles/abortion/clue-s-response-to-roe-vs-wade.

21. See https://flo.health/flo-response-roe-v-wade.

22. As discussed previously, Flo also highlighted their “Anonymous Mode” in the same press release but the creation of that may have been in response to an FTC complaint, rather than being specifically motivated by the Dobb’s decision.

Additional information

Funding

This work was supported by the Francis Marion University; Rutgers, The State University of New Jersey.

Notes on contributors

Katie Krumbholz

Katie Krumbhholz is a Ph.D. Candidate in Political Science at Rutgers, The State University of New Jersey - New Brunswick.

Alice Militaru

Alice Militaru is a Fulbright Fellow and earned a B.A. in French and a B.S. in Marketing in 2024 from Rutgers, The State University of New Jersey - New Brunswick.

Kyle J. Morgan

Kyle J. Morgan is an Assistant Professor of Political Science at Francis Marion University. He earned his Ph.D. From Rutgers, The State University of New Jersey - New Brunswick in 2020. His research focuses broadly on American Public Law, Civil Liberties and Civil Rights, and Public Opinion.