EFF to State AGs: Time to Investigate Crisis Pregnancy Centers

Discovering that you’re pregnant can trigger a mix of emotions—excitement, uncertainty, or even distress—depending on your circumstances. Whatever your feelings are, your next steps will likely involve disclosing that news, along with other deeply personal information, to a medical provider or counselor as you explore your options.

Many people will choose to disclose that information to their trusted obstetricians, or visit their local Planned Parenthood clinic. Others, however, may instead turn to a crisis pregnancy center (CPC). Trouble is, some of these centers may not be doing a great job of prioritizing or protecting their clients’ privacy.

CPCs (also known as “fake clinics”) are facilities that are often connected to religious organizations and have a strong anti-abortion stance. While many offer pregnancy tests, counseling, and information, as well as limited medical services in some cases, they do not provide reproductive healthcare such as abortion or, in many cases, contraception. Some are licensed medical clinics; most are not. Either way, these services are a growing enterprise: in 2022, CPCs reportedly received $1.4 billion in revenue, including substantial federal and state funds.     

Last year, researchers at the Campaign for Accountability filed multiple complaints urging attorneys general in five states—Idaho, Minnesota, Washington, Pennsylvania, and New Jersey—to investigate crisis pregnancy centers that allegedly had misrepresented, through their client intake process and/or websites, that information provided to them was protected by the Health Insurance Portability and Accountability Act (“HIPAA”).

Additionally, an incident in Louisiana raised concerns that CPCs may be sharing client information with other centers in their affiliated networks, without appropriate privacy or anonymity protections. In that case, a software training video inadvertently disclosed the names and personal information of roughly a dozen clients.

Unfortunately, these privacy practices aren’t confined to those states. For example, the Pregnancy Help Center, located in Missouri, states on its website that:

Pursuant to the Health Insurance Portability and Accountability Act (HIPAA), Pregnancy Help Center has developed a notice for patients, which provides a clear explanation of privacy rights and practices as it relates to private health information.

And its Notice of Privacy Practices suggests oversight by the U.S. Department of Health and Human, instructing clients who feel their rights were violated to:

file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.

 Websites for centers in other states, such as Florida, Texas, and Arkansas, contain similar language.

As we’ve noted before, there are far too few protections for user privacy–including medical privacy—and individuals have little control over how their personal data is collected, stored, and used. Until Congress passes a comprehensive privacy law that includes a private right of action, state attorneys general must take proactive steps to protect their constituents from unfair or deceptive privacy practices. Accordingly, EFF has called on attorneys general in Florida, Texas, Arkansas, and Missouri to investigate potential privacy violations and hold accountable CPCs that engage in deceptive practices.

Regardless of your views on reproductive healthcare, we should all agree that privacy is a basic human right, and that consumers deserve transparency. Our elected officials have a responsibility to ensure that personal information, especially our sensitive medical data, is protected.