It’s called “fem-tech.” Applications like those used to track periods and fertility are a billion-dollar industry. But if Roe v. Wade is overturned in the coming months, could the digital trail left behind by users become evidence in court? 

You know the old adage, nothing in life is free and that includes those apps that many women use to track their menstrual cycles. Katina Michael is a professor in the School for the Future of Innovation in Society at ASU. First she says, if an app is free, your data is likely being sold to a third party. 

But what could that mean in a world where abortion is virtually illegal?

“That data may be subpoenaed and be used in a court of law,” said Michael. “For example, the identification of someone having a missed period, implying a particular evidence towards a track of maybe an abortion or otherwise.”

Something else to consider, said Michael, “this kind of application is not really covered under HIPAA, the Health Insurance Portability and Accountability Act. It’s possibly a serious invasion of privacy and a great deal of assumptions being made by a great number of people.”

In that, not all period or fertility apps are accurate. Michael says some are “grossly inaccurate.” And it’s not just these types of apps that potentially undermine privacy. Fitness trackers and implantable devices like pacemakers could share health data with third parties. Period apps invite users to input super sensitive information.

Michael says if you’re unsure if your data is safe, delete the app, do your research and read the fine print.