Washington Period Tracker Privacy Laws (2026)

Washington has strong reproductive privacy protections. But period tracker data still has gaps. Full 2026 legal breakdown.

Abortion access is constitutionally protected in Washington. Period tracker data faces low subpoena risk, backed by the My Health MY Data Act and strong privacy protections.

This page is educational, not legal advice. Laws and enforcement practices can change. Verify current rules with official state sources or a qualified attorney before relying on this information.

Abortion Law Status in Washington

Abortion access is constitutionally protected in Washington. The state codified abortion rights in the Reproductive Privacy Act (RCW 9.02.100) in 1991. That gives Washington one of the longest-standing statutory protections for abortion in the country. Washington's legal framework for abortion access was well established long before the Dobbs decision.

Period Tracker Data Risk in Washington

Period tracker data in Washington faces low subpoena risk. Washington's My Health MY Data Act (2023, effective March 2024) specifically covers reproductive health data. It requires affirmative consent before that data can be collected or shared. The state's shield law (SB 5489) protects technology companies based in Washington from out-of-state subpoenas related to abortion. Washington's combination of constitutional abortion protection, specialized health data law, and a strong shield law makes it one of the most protective states for period tracker users.

Specific Reproductive Data Protections

Washington enacted specific reproductive data privacy protections through the My Health My Data Act (HB 1155, April 2023).

The law has no minimum size threshold. That sets it apart from every other US privacy law. Its definition of consumer health data explicitly covers menstrual cycle data, fertility data, pregnancy data, and data inferred from non-health sources through algorithms. It requires opt-in consent. It bans geofencing within 2,000 feet of healthcare facilities. Violations can be pursued under the Washington Consumer Protection Act, with treble damages up to $25,000 per person. The first class action under this law was filed as Maxwell v. Amazon (W.D. Wash., February 2025).

Federal Protection Status

The HIPAA Reproductive Privacy Rule would have blocked disclosure of protected health information for investigating lawful reproductive healthcare. A federal court in Texas vacated it nationwide on June 18, 2025. HHS declined to appeal. Biden-era executive orders directing FTC and HHS action on reproductive data privacy were revoked on January 24, 2025. A ClearDATA/Harris Poll survey (May 2023, n=2,053) found 81% of Americans wrongly believe HIPAA covers health apps. It does not. Period tracker apps are not healthcare providers. They fall entirely outside HIPAA regardless of state. There is no federal floor for reproductive health data protection.

Key facts

State: Washington
Abortion law: protected
Data protection: strong
Subpoena risk: low

Washington's My Health MY Data Act is the most comprehensive health data privacy law in the country specifically targeting period tracker apps.
The law explicitly covers reproductive health data and requires affirmative consent before collection or sharing.
Washington's shield law protects tech companies based in Washington from out-of-state abortion-related subpoenas.
Washington codified abortion rights in statute in 1991, long before Roe v. Wade was overturned.
Period tracker companies based in Washington are explicitly covered by My Health MY Data protections.

Definitions

Subpoena: A court order that can require a person or company to produce documents or data. Period tracker apps that store readable data on their servers can receive subpoenas. Local-first apps reduce what the company can produce.
Reproductive data: Health information related to menstrual cycles, pregnancy, fertility, and related symptoms. This data is not protected by HIPAA when held by period tracker apps, meaning standard federal health privacy law does not apply.
On-device storage: A privacy architecture where core cycle records stay local-first. Optional encrypted sync may send unreadable ciphertext. Because there is no readable central cycle database, company-directed requests should have less core cycle data to retrieve. Device access and operational records are separate risks.

Cited signals

$59.5M class action settlement against Flo for sharing user reproductive health data with Facebook and Google Reuters, September 25, 2025
Period tracker apps collect an average of 50+ data points per cycle including symptoms, mood, sexual activity, and medication use Norwegian Consumer Council, 2020

Relevant laws

My Health MY Data Act (2023)

Washington's landmark health data privacy law, effective March 2024, specifically protects consumer health data including reproductive health information from period tracking apps. Requires consent for collection and sharing.

Read statute

Washington Reproductive Privacy Act (RCW 9.02.100)

Washington law protecting the right to abortion up to fetal viability and post-viability when necessary for the health or life of the mother.

Washington Abortion Shield Law (SB 5489, 2023)

Protects Washington healthcare providers, patients, and tech companies from out-of-state legal actions related to legal abortion services in Washington.

Quick answers to the obvious questions.

Does Washington's My Health MY Data Act protect period tracker data

Yes. Washington's My Health MY Data Act specifically covers reproductive health data from period tracking apps. It requires consent before collecting cycle data and gives users the right to delete their data. This is one of the strongest state-level protections for period tracker users in the country.

Can out-of-state prosecutors subpoena period tracker data from Washington app companies

Washington's shield law blocks out-of-state abortion-related subpoenas. Period tracking app companies based in Washington cannot be compelled by prosecutors from states with abortion bans to produce user data.

Questions people ask before they switch.

Does Washington's My Health MY Data Act protect period tracker data?

Yes. The My Health MY Data Act specifically protects consumer health data including reproductive health information. Period tracking apps must obtain affirmative consent before collecting or sharing this data. Consumers have the right to delete it.

Can other states subpoena period tracker data from Washington companies?

Washington's shield law (SB 5489) explicitly protects tech companies based in Washington from out-of-state subpoenas related to abortion. This is one of the most protective shield laws in the country.

What makes Washington different from other states for period tracker users?

Washington has the My Health MY Data Act, a law that specifically targets health apps and period trackers. It is combined with a strong shield law and constitutional abortion protections. This combination is unique in the US.

Does federal law protect my period tracker data in Washington?

No federal law protects period tracker data. Washington's My Health MY Data Act (effective March 2024) explicitly covers reproductive and menstrual data. It requires opt-in consent, bans geofencing near healthcare facilities, and allows a private right of action with treble damages up to $25,000 per person. The first class action under this law was filed in February 2025 (Maxwell v. Amazon).