Executive Directive 2026-4: Protecting Reproductive Health Data
Key claim: Governor Whitmer issued an executive directive instructing state agencies to safeguard individuals’ reproductive health data from federal, commercial, and out-of-state entities.
Abstract
Executive Directive 2026-4: Protecting Reproductive Health Data News State Orders and Directives November 05, 2026 In 2022, following the U.S. Supreme Court’s decision to overturn Roe v. Wade, Michiganders enshrined a right to reproductive freedom in our state constitution, ensuring Michiganders will always have the freedom to make their own choices about reproductive health. While I have taken multiple actions to protect this right, more must be done. As digital systems expand and data is increasingly aggregated, federal and commercial access to reproductive health data is a growing threat and the state of Michigan must do more to ensure that data never lands in the hands of people who might use it against them. As Governor, I have fought to protect the fundamental right to reproductive freedom. In 2023, I signed the Reproductive Health Act, which repealed politically motivated, medically unnecessary laws that created financial burdens for patients and criminalized providers. That same year I also signed a bill repealing Michigan’s draconian 1931 ban on abortion, after I brought a lawsuit that ultimately enjoined enforcing that law before Michigan protected reproductive freedom in our state constitution. I have also signed bills prohibiting employers from discriminating against employees who have an abortion, decriminalizing surrogacy, protecting in-vitro fertilization access, and allowing pharmacists to directly dispense contraceptives to patients. In addition to strengthening Michigan’s laws, I have also taken several executive actions to protect patients and providers. In Executive Directive 2022-5, I instructed my departments and agencies not to cooperate with or assist the authorities of any state that investigates or prosecutes an individual for providing, obtaining, or assisting another person in obtaining reproductive health services. A few months later, in Executive Order 2022-4, I directed my office to refuse to assist in the extradition of any person to or from Michigan for the same purpose. And in ED 2022-13, I directed my departments and agencies to evaluate their policies, enforce constitutional protections, update public information, and refuse cooperation with outside investigations to fully safeguard reproductive freedom in Michigan. At the same time, the ever-increasing accumulation of data about a person’s health – including data about reproductive health – is a threat. Opponents of reproductive freed
Why this matters
The directive adds reproductive health data protection to Michigan’s post-Prop 3 policy landscape by directing state departments and agencies to implement safeguards against outside investigations and commercial aggregation. Its issuance does not by itself establish how those safeguards will operate, which disclosures they restrict, or whether they cover privately held data.