Navigating the Grey Areas of Digital Fertility Technologies: A Call for Regulation

The Rise of Digital Fertility Technologies

Digital technology has permeated every aspect of our lives, and the health sector is no exception. One area that has seen a significant growth in technological innovation is fertility tracking, with devices such as Daysy and various wearable technologies offering women control over their reproductive health. Femtech, a sector that caters to health needs that impact women, girls, non-binary, and trans folks, has seen significant growth. With over 1,800 companies worldwide and an expected worth of over 1 trillion by 2027, femtech products range from fertility and pregnancy monitoring apps to sexual wellness and pelvic health devices, with fertility tracking being a key segment.

The Case of Daysy

A notable case in this field involves the fertility tracking device, Daysy. Chelsea Polis, a researcher and epidemiologist, raised concerns about the marketing of Daysy as a contraceptive. In response, Polis found herself in a lawsuit, which was later dismissed. The FDA forced the manufacturer to change its marketing, and a flawed paper was retracted. This case underscores the need for greater regulation and oversight in the fertility tracking technology sector, and highlights the importance of protecting free speech for scientists and researchers who identify potential hazards.

Accuracy and Ethical Concerns

Researchers have found that most fertility tracking devices have high accuracy for detecting fertility, with the ability to differentiate between the luteal phase, early and late fertile window, and menstruation by assessing changes in heart rate, heart rate variability, temperature, and respiratory rate. However, alongside the benefits of these devices, there are also ethical concerns. Notably, the privacy of digital data is a significant issue. Many tech companies are collecting and selling data related to menstrual cycles and individual locations to data brokers, without the clear consent of users. Federal law prohibits medical providers from sharing health data without consent, yet tech companies face no such restrictions.

Employer Involvement and ROI

In response to the growing demand for fertility and reproductive health support, many employers are now offering these benefits. Maven Clinic, for instance, has expanded its services to include fertility and family building support for companies like AT&T. The return on investment is significant, with employers who use Maven reporting a 2:1 clinical ROI and 4:1 business ROI. Beyond financial benefits, the clinic has also aided in improving mental health, with 33% of maternity members reporting better management of anxiety or depression.

A Call for Regulation

The current landscape of digital fertility technologies is filled with promise, yet it is also riddled with challenges. The lack of regulation for digital tech companies tracking menstrual cycles and selling the data is a pressing concern. Despite the potential for misuse, legislation for federal bans has not gained momentum due to opposition from the tech industry. Given the rapid growth and potential of the femtech sector, it is crucial to address these regulatory grey areas. Researchers, scientists, and policymakers must come together to ensure user safety and data privacy, while still fostering innovation in this burgeoning field.