For period, ovulation & fertility apps · Updated 2026
WMHMDA for Period & Fertility Tracking Apps
Menstrual cycle, ovulation, and fertility data sits at the center of why Washington's My Health My Data Act was written. Since the Dobbs decision, reproductive health apps have faced heightened scrutiny from regulators, journalists, and privacy advocates — and WMHMDA gives that scrutiny real legal teeth, including a private right of action any user can bring directly.
In short: Cycle, ovulation, and pregnancy data is explicitly protected consumer health data under WMHMDA. Partner-sharing features need their own separate consent, location features must avoid the geofencing ban near reproductive health facilities, and deletion requests need to be honored completely. Generate your documents below.
Read the full guide for period & fertility tracking apps
Why reproductive health apps face outsized scrutiny
RCW 19.373 was passed partly in direct response to concerns that period-tracking and fertility apps could expose users to legal or personal risk after Roe v. Wade was overturned. Lawmakers specifically named reproductive and sexual health information — including menstrual cycle tracking, contraception use, pregnancy status, and fertility data — as a protected category, distinct from general fitness or wellness data. That means this category gets no benefit of the doubt in an enforcement action or lawsuit.
Data categories a typical period/fertility app collects
- Cycle and symptom logs — period start/end dates, flow intensity, symptoms, mood, and pain logs entered daily.
- Ovulation and fertility predictions — basal body temperature, cervical mucus tracking, ovulation test results, and fertility window predictions.
- Pregnancy and conception status — pregnancy confirmation, due-date tracking, and miscarriage or loss logging.
- Contraception and sexual activity data — birth control method logging and sexual activity entries used to refine predictions.
- Location data — if the app uses location for reminders, clinic-finder features, or ad targeting.
Where reproductive health apps get compliance wrong
- Bundling consent to "use the app" with consent to collect and share cycle data — WMHMDA requires clear, unbundled opt-in specifically for collection, and a separate opt-in for any sharing or sale.
- Partner or family "share my cycle" features without separate consent — sharing cycle or pregnancy status with a partner is a distinct sharing event that needs its own revocable opt-in, not just an app setting toggled on by default.
- Advertising or analytics SDKs that receive cycle data by default — many third-party SDKs collect event data (like "period logged") automatically; if that vendor relationship counts as sharing, it needs its own disclosure and consent under WMHMDA.
- Geofencing near reproductive health facilities — WMHMDA specifically bans using geofencing around locations that provide reproductive or sexual health services to collect data, target ads, or send notifications. See the full geofencing ban breakdown.
- Incomplete deletion — given how sensitive re-exposure of cycle or pregnancy history could be, a "delete my data" request needs to actually remove the data everywhere it was shared, not just from the visible app UI.
Example: a cycle-tracking app with a partner-sharing feature
A period and ovulation-tracking app lets users optionally share their cycle status with a partner and uses a third-party analytics SDK for crash reporting and engagement metrics. This app needs: a privacy policy that names reproductive health data specifically and discloses the analytics SDK relationship; opt-in consent before any cycle data is first recorded; a separate, revocable opt-in specific to enabling partner sharing; and a documented, complete deletion process a user can trigger at any time — including from any connected partner-sharing session.
Build compliant documents for your reproductive health app
The WMHMDA Compliance Pack generates a privacy policy, consent form, sale authorization, retention schedule, and rights form that name reproductive health data explicitly and match how your app actually shares it. Read everything free before you pay — $99.99 one-time.
Generate My Compliance Pack — $99.99Legal limitations
Reproductive health data carries risk beyond WMHMDA alone — including questions about responding to law enforcement or civil subpoenas, cross-state data transfer, and interaction with other state reproductive-privacy shield laws. Given the sensitivity of this category, we strongly recommend a dedicated attorney review beyond this generator's draft documents before launch.
FAQ
Is menstrual cycle data considered consumer health data under WMHMDA?
Yes — reproductive and sexual health information, including cycle tracking, ovulation prediction, and pregnancy status, is explicitly named as protected under RCW 19.373.
Does the geofencing ban affect a period-tracking app?
It can — WMHMDA bans geofencing around reproductive/sexual health facilities to collect data, target ads, or send notifications, so location-aware features need review.
Can a period-tracking app share data with a partner or law enforcement?
Partner sharing needs its own separate, revocable consent. Law enforcement/legal data requests raise questions beyond WMHMDA that should be reviewed with counsel.
Does WMHMDA apply to fertility and ovulation apps specifically, not just period trackers?
Yes — fertility predictions, basal body temperature, and conception tracking fall under the same reproductive health data category.