IDEAS home Printed from https://ideas.repec.org/a/aza/jdpp00/y2026v8i4p355-373.html

Menstrual tracking apps and reproductive privacy: Global perspectives on governing menstrual health data

Author

Listed:
  • Jawed, Maria

    (Gujarat National Law University, India)

  • R, Girish

    (Gujarat National Law University, India)

Abstract

Menstrual tracking applications (MTAs) are now a routine part of digital life and central to the growing FemTech industry. By turning intimate menstrual and reproductive details into data, they create new risks of privacy invasion, commercial misuse and state surveillance. This paper compares how four jurisdictions — namely the US (post Dobbs), Canada, the UK, the European Union (EU), and India — govern menstrual health data and the predictive claims made by MTAs. Through comparative legal analysis, regulatory gap mapping and doctrinal review, three weaknesses emerge. The first is inconsistent recognition of menstrual and reproductive data as sensitive or special category information requiring heightened safeguards. The second is limited algorithmic accountability for predictive features such as ovulation and fertility forecasts, despite their influence on personal health and reproductive choices. The third is fragmented cross-border enforcement that enables regulatory arbitrage and leaves remedies weak in practice. Case studies, including the Federal Trade Commission’s (FTC) action against Flo Health, the Canadian class action with oversight by the Office of the Privacy Commissioner (OPC), the UK Information Commissioner’s 2023 review of fertility tracking apps and India’s Digital Personal Data Protection Act 2023 read with the Digital Personal Data Protection Rules 2025 and Medical Device Rules 2017, illustrate both progress and persistent gaps. The paper advances a reform agenda built on five priorities: classify reproductive data as sensitive; mandate independent validation and audit of predictive claims; embed privacy by design with granular consent, minimisation and deletion by default; impose distribution safeguards at the platform level; and strengthen cross-border regulatory cooperation. It concludes that protecting reproductive autonomy requires recognising informational self-determination as a core right. This article is also included in The Business & Management Collection which can be accessed at https://hstalks.com/business/.

Suggested Citation

  • Jawed, Maria & R, Girish, 2026. "Menstrual tracking apps and reproductive privacy: Global perspectives on governing menstrual health data," Journal of Data Protection & Privacy, Henry Stewart Publications, vol. 8(4), pages 355-373, May.
  • Handle: RePEc:aza:jdpp00:y:2026:v:8:i:4:p:355-373
    as

    Download full text from publisher

    File URL: https://hstalks.com/article/11491/download/
    Download Restriction: Requires a paid subscription for full access.

    File URL: https://hstalks.com/article/11491/
    Download Restriction: Requires a paid subscription for full access.
    ---><---

    As the access to this document is restricted, you may want to

    for a different version of it.

    More about this item

    Keywords

    ;
    ;
    ;
    ;
    ;
    ;

    JEL classification:

    • K2 - Law and Economics - - Regulation and Business Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:aza:jdpp00:y:2026:v:8:i:4:p:355-373. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Henry Stewart Talks (email available below). General contact details of provider: .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.