Guidelines issued by a leading UK police body have paved the way for investigators to inspect women’s period tracking apps and search their homes following a stillbirth.
The divisive advice says police can do so if they believe the pregnancy loss was the result of an abortion outside of legally permitted circumstances.
It comes amid a ramped-up number of criminal cases and a fresh push to decriminalise abortion across the UK, where access remains restricted and subject to approval from multiple doctors.
So what do we know, and how does Australia compare?
What do the guidelines say?
The new guidelines are set up by the National Police Chiefs’ Council (NPCC) — a national coordination body for law enforcement in the UK.
Quietly published earlier this year, the Practice Advice on Child Death Investigation lays out a framework for police investigating stillbirths reported to be the result of a terminated pregnancy.
The police guidelines says investigators can access “menstrual cycle and fertility trackers” and digital communication. (Reuters: Carl Recine )
Noting the rarity of such a circumstance, it says police can take a number of investigative measures if concerns have been raised by healthcare professionals, family or friends.
These include the “seizure and examination” of phone information and searching homes for evidence of abortion medication.
“Internet search history, digital communications with third parties, and health apps such as menstrual cycle and fertility trackers may all provide information to help investigators establish a woman’s knowledge and intention in relation to the pregnancy,” the guidelines outline.
It also says police should search for empty medication blister packs.
“The overriding priority in such circumstances is always the need for medical attention for the woman, and where born alive, the baby,” it adds.
Police are able to search for abortion drugs mifepristone and misoprostol, also known as MS-2 Step. (Supplied: MSI)
When asked for further clarification, a spokesperson for NPCC told the ABC police didn’t routinely investigate unexpected pregnancy loss, with investigations being at the discretion of a senior investigating officer.
“An investigation is only initiated where there is credible information to suggest criminal activity, and this would often be because of concerns raised from medical professionals,” they said.
“Each case would have a set of unique factors to be assessed and investigated depending on its individual circumstances.
“We recognise how traumatic the experience of losing a child is, with many complexities involved, and any investigation of this nature and individuals will always be treated with the utmost sensitivity and compassion.
“It is important to stress that due to the individuality of each case, there is no standardised policy to investigate illegal abortions and that police will always work closely with health partners to prioritise the welfare of everyone involved.”
The body also urged police to fully understand the women’s backgrounds and whether investigations are proportionate, the ABC understands.
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What’s the criticism?
The Royal College of Obstetricians and Gynaecologists (RCOG) and other healthcare providers quickly condemned the police guidelines, saying they’re “not in the public best interest”.
“The new National Police Chiefs’ Council guidance is truly shocking to read,” RCOG president Ranee Thakar said.
“Women in these circumstances have a right to compassionate care and to have their dignity and privacy respected, not to have their homes, phones, computers and health apps searched, or be arrested and interrogated.”
Louise McCudden, who is the UK Head of External Affairs for abortion provider MSI, said the problem lay with the state of the region’s abortion laws.
“When you have unjust, Victorian [era] laws that govern women’s bodies, it’s no surprise that this leads to unjust regressive policing that overrides women’s bodily autonomy.”
Rhiannon White, the CEO of Clue, a popular cycle tracking app, told the ABC it has “never, and will never, disclose private health data to any authority”.
The Berlin-based company added it would “aggressively challenge any such requests” by police.
MSI, a British abortion provider, has labelled the guidelines “regressive policing”. (Reuters: Hollie Adams)
“We have spoken loudly on this subject, particularly in the US since Roe Vs Wade was overturned in 2022,” it told the ABC.
“This same position applies to every region around the world.
“As a business, we have built our foundations on protecting women’s rights to data privacy, body autonomy and health equity.”
Clue, an app which tracks period and pregnancy data, says it will challenge the guidelines. (Supplied: Clue)
Sue Kahn, CEO of Flo, a fellow tracking app, said the organisation was yet to receive such requests.
In a LinkedIn statement, she said it set a “dangerous precedent for weaponizing technology built to serve women’s needs”.
“Women deserve to be able to use technology to learn more about their bodies and their personal health, without fearing their data will be unjustly used or taken in a way they have not agreed upon,” she wrote.
The ABC has also contacted Apple, whose Health app is another major cycle tracker.
Loading…What are current UK abortion laws?
In England and Wales, abortion remains a criminal offence under strict exemption.
In the first 24 weeks, abortion is legal with the approval of two doctors.
They must agree having the baby would pose a greater risk to the physical or mental health of the woman than a termination.
Abortion after 24 weeks is reserved for cases where the birth would result in death or permanent injury for the woman or significant disability for the child.
Abortions remain under tight control in the UK. (Reuters: Susannah Ireland)
Outside of that, deliberately ending a pregnancy in England and Wales remains a criminal offence under the 1861 Offences Against the Person Act.
The maximum punishment is life in prison.
The Offences Act never extended to Scotland, and several sections were repealed in Northern Ireland after a push to modernise the legislation.
From being largely obstructed, Northern Ireland made abortion unconditionally legal up to 12 weeks in 2019.
After that point, laws remain similar to the rest of the UK.
Parliamentary push to decriminalise
Recently, several Labour MPs have reignited a debate to decriminalise abortion.
They’ve put forward amendments to change the law with a vote expected this summer.
Demonstrators have fought for several years to see abortion fully decriminalised.
The move is backed by medical associations, including RCOG.
It says six women have appeared in court over the past two years charged with ending their pregnancy.
Before this, only three convictions were reported since the 1861 legislation was introduced.
The ABC understands the NPCC guidance was made in part to avoid the unnecessary criminalisation in light of an increase in reports.
In May, Nicola Packer, 45, was acquitted after unintentionally taking abortion medicine when she was 26 weeks pregnant.
Ms Packer told the jury she had misjudged how long she had been pregnant and was prescribed the medication over the phone during the COVID-19 lockdown.
How does the UK compare to Australia?
In comparison, abortion is legal in every Australian state and territory.
Broadly speaking, medical terminations can be prescribed up to nine weeks of pregnancy, through administering the abortion pills mifepristone and misoprostol, also known as MS-2 Step.
Surgical terminations are generally available further into the pregnancy.
Abortion has been legal in Australia for years, so why is it still so hard for many to access?
Exact cut-offs vary from state to state, with the ACT offering abortions at any pregnancy gestation.
In the UK, whether police can legitimately acquire phones varies, with a range of statutory and common law powers allowing police to seize or take possession of devices if they reasonably believe they could be evidence, according to the Information Commissioner’s Office.
Whereas to access phone information in Australia, police must obtain a warrant — unless there’s immediate danger such as threats to public safety.
Police can also ask for consent, and if granted, can examine a phone without a warrant.
Meanwhile, in the US, abortion has been outright banned in 12 states.