S.T.O.P. Report Shows Prosecutors Weaponize Medical Records To Attack Gender-Affirming Care

S.T.O.P. Report Shows Prosecutors Weaponize Medical Records To Attack Gender-Affirming Care

For Immediate Release


S.T.O.P. Report Shows Prosecutors Weaponize Medical Records To Attack Gender-Affirming Care

(New York, NY, 4/30/25) - Today, the Surveillance Technology Oversight Project (S.T.O.P.), a New York-based privacy and civil rights group, released Anti-Care Cops: State Surveillance Of Gender-Affirming Care, detailing how prosecutors and law enforcement are increasingly weaponizing medical and municipal records to shut down gender-affirming care. The report comes as transgender and nonbinary Americans are rapidly losing access to evidence-based and medically necessary care, with escalating attacks by the Trump administration. Given the hostility of the president and federal government toward gender-affirming care, the report asserts that state legislators, hospitals, tech companies, schools, and other decisionmakers must act now to block anti-care prosecutors.

SEE: S.T.O.P. Report – Anti-Care Cops: State Surveillance Of Gender-Affirming Care
https://www.stopspying.org/anti-care-cops

“Gender-affirming care is a lifeline for many Americans, but it’s slipping out of reach as states ban care and prosecute healthcare providers,” said Surveillance Technology Oversight Project Research Director Eleni Manis. “What we most need are federal protections for trans and nonbinary Americans. In the meantime, lawmakers and hospitals must work together to lock down the medical and prescription records that anti-care prosecutors and police covet. It’s not too late to harden health privacy laws and to reduce data collection to protect lifesaving gender-affirming care.”

“Most Americans incorrectly think their healthcare information will be kept private,” said Surveillance Technology Oversight Project Legal Director David Siffert. “Because federal health privacy laws have major loopholes, including for disclosure to law enforcement, the criminalization of lifesaving medical care, including gender-affirming care, can exploit ordinary medical record-keeping to punish patients. However, individuals, providers, and policymakers have the ability to minimize the risks associated with receiving gender-affirming care and other life-saving treatments that are under attack by bigots. We must act now to protect the lives of America’s transgender and nonbinary youth and adults.”

SEE: Them - How Conservative Officials Are Using Private Medical Records For Their Anti-Trans Agenda
https://www.them.us/story/trans-patients-medical-records-anti-trans-agenda

Key Findings Include:
  • In a rapidly growing number of cases, prosecutors are weaponizing medical records to sue doctors and block access to gender-affirming care. 
  • Law enforcement is also expanding anti-care surveillance into non-medical records, including driver’s license, occupational license, and voting databases.
  • With no short-term hope for federal trans civil rights protections, state legislators, healthcare providers, and tech companies must act to protect gender-affirming care.
Last year, S.T.O.P. released Unintended Traps: Recordkeeping Requirements that Endanger Abortion Access, a report detailing how medical and financial recordkeeping laws endanger abortion providers and funders, even in states with strong abortion shield laws. In 2023, the civil rights group released Roadblock to Care: Barriers to Out of State Travel for Abortion and Gender-Affirming Care, detailing surveillance of patients seeking out-of-state abortions and gender-affirming care.

SEE: S.T.O.P. Report - Unintended Traps: Recordkeeping Requirements that Endanger 
https://www.stopspying.org/unintended-traps

S.T.O.P. Report - Roadblock to Care: Barriers to Out of State Travel for Abortion and Gender-Affirming Care
https://www.stopspying.org/roadblock-to-care
 
The Surveillance Technology Oversight Project is a non-profit advocacy organization and legal services provider. S.T.O.P. litigates and advocates for privacy, fighting excessive local and state-level surveillance. Our work highlights the discriminatory impact of surveillance on Muslim Americans, immigrants, and communities of color.
 
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