The Threat of Using Health Data to Criminalize and Surveillance

In July 2025, the U.S. government introduced two controversial policies: the "Making Health Technology Great Again" initiative and the executive order "Ending Crime and Disorder on America’s Streets." While these programs appear to focus on health system modernization and public safety respectively, they share a common underlying infrastructure that raises serious concerns about civil rights, personal privacy, and bodily autonomy.

These policies are not mere reforms; they form the foundation of a growing techno-carceral state. Health data—such as medical records, wellness app metrics, and AI-generated insights—are increasingly being used as surveillance tools. The health technology initiative, managed through the Centers for Medicare & Medicaid Services (CMS), encourages individuals to opt into a digital ecosystem that consolidates vast amounts of personal health information. This data resides within a centralized federal database called the Department of Government Efficiency (DOGE), which has access to other records from criminal justice, education, housing, and welfare sectors. Such integration enables the creation of predictive profiles that assess individual risk.

Simultaneously, the executive order on crime directs federal, state, and local agencies to utilize predictive analytics and artificial intelligence to preemptively identify potential threats. It promotes cross-agency data sharing, including behavioral, health, and welfare information, to evaluate individuals' threat levels before any criminal activity occurs.

This convergence of policies signifies a dangerous shift where health and law enforcement systems overlap. The same data used to improve well-being is now being repurposed for surveillance, risk assessment, and policing—particularly targeting marginalized groups such as disabled people, communities of color, low-income populations, and immigrants. This integration automates long-standing biases, equating neurodivergence, psychiatric disabilities, and non-normative behaviors with danger, thus criminalizing vulnerable populations.

When health information becomes a tool for law enforcement scrutiny, the lines between patient care and suspicion blur. People seeking medical help risk becoming targets for surveillance, further entrenching systemic inequalities. Under the centralized DOGE system, agencies like the Department of Homeland Security and the Department of Justice can access health data, expanding the scope of state control.

Moreover, these policies authorize surveillance beyond individuals suspected of wrongdoing, extending to those merely deemed disorderly or at risk—shifting the paradigm from care to control. The consequences are profound: participation in health programs often becomes a de facto consent to surveillance and potential punitive actions, eroding personal autonomy.

This infrastructure sets the stage for an expansion of the surveillance state—where digital health data fuels preemptive policing, social control, and even involuntary confinement. Instead of addressing the root causes of social and health issues, these policies embed a system of pre-crime profiling that risks punishing bodies and minds deemed undesirable. It echoes eugenic-era social control but with modern technological tools.

To oppose this dangerous trajectory, advocates recommend establishing legal barriers between health data and law enforcement, banning AI-based risk assessments in policing and immigration, and instituting strict, informed consent standards. Oversight by civil rights and disability justice organizations is essential to prevent misuse and protect vulnerable communities.

In conclusion, these policies illustrate a grim future where health information is weaponized against the very populations it is meant to serve. The infrastructure is being set now—its repercussions will be felt in the loss of privacy, autonomy, and justice for generations to come. Vigilance and action are imperative to preserve civil liberties and ensure health data is used ethically.

Source: https://medicalxpress.com/news/2025-09-health-criminalize.html