A group of 10 Senators has written to Google demanding answers about its policies for deleting sensitive location data, such as visits to abortion clinics, fertility centers, domestic violence shelters, addiction treatment facilities, and other sensitive locations. Following the decision of the Supreme Court that overturned Roe v Wade and removed the federal right to abortion, Google announced that it would be introducing a new data deletion policy and would be deleting precise geolocation data that indicated a visit to certain sensitive locations. Visits to sensitive locations are highly personal and the information could be abused. Location data could be used by third parties for targeted advertising related to sensitive medical conditions or individuals could be targeted based on their personal healthcare decisions.

The policy announcement was made in July 2022, and Google said the change would take effect in the coming weeks, yet the policy does not appear to have been consistently implemented. The Washington Post investigated to determine the extent to which geolocation data was being deleted by Google and sent reporters to hospitals, fertility clinics, and Planned Parenthood clinics in several states. The reporters found that Google stored the exact name and address of the location they visited, such as the Planned Parenthood Clinic – San Francisco Health Center. In other cases, Google recorded a visit to a nearby establishment or the general neighborhood, and in other cases, the location data was deleted within 24 hours. Another report revealed Google only deleted sensitive location data in 60% of test cases, despite Google claiming that precise geolocation data would be deleted. The Senators said that if the data deletion policy is not consistently applied, it could be considered a deceptive practice.

Sens. Amy Klobuchar (D-MN), Elizabeth Warren (D-MA), Mazie Hirono (D-HA), Peter Welch (D-VT), Ron Wyden (D-OR), Edward Markey (D-MA), Richard Blumenthal (D-CT), Dick Durbin (D-IL), Bernie Sanders (I-VT), and Patty Murray (D-WA) expressed their concern that Google was not upholding its commitment to delete sensitive location data, especially visits to reproductive health care facilities.

The Senators asked Google to confirm how its systems identify a visit to a sensitive location and requested a complete list of the metadata used to make that determination, along with any supporting documents. They also requested a complete list of the locations Google considers sensitive, asked for clarification on how long sensitive location data is stored after a visit, and whether Google allows advertisers to target individuals based on visits to sensitive locations that could reveal a user’s health information. They also asked Google to commit to consistently deleting sensitive location data related to any visit to a reproductive health care facility within 24 hours of that visit occurring and to agree to a third-party audit to verify that such a protocol has been implemented.

The Senators gave Google until May 26, 2023, to respond and provide answers.

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