Don’t Sell My DNA Act
The Don’t Sell My DNA Act would amend title 11 of the U.S. Code to strengthen protections for genetic information in bankruptcy cases. It treats genetic information as a protected form of data related to the debtor’s estate, aligning bankruptcy handling with the privacy safeguards in the Genetic Information Nondiscrimination Act (GINA). The bill would bar the sale, lease, or use of genetic information in bankruptcy transactions unless all affected persons (including non-parties) consent in writing after the case begins, require clear notice to individuals whose genetic data could be used, and mandate the deletion of any genetic information that remains after disposition of the estate. It also requires trustees to delete such information using court-approved data-sanitization methods. The rules take effect upon enactment and apply to cases pending, commenced, or reopened after enactment.
Key Points
- 1Genetic information is added to the set of protected assets in bankruptcy and defined using GINA’s definition.
- 2No sale, lease, or use of genetic information can proceed unless all affected individuals (including non-parties) give affirmative written consent after the bankruptcy case starts.
- 3Any use, sale, or lease of genetic information requires actual prior written notice to every person whose information would be involved.
- 4Trustees must delete any genetic information that was part of the estate but not disposed of in a bankruptcy transaction, using court-approved methods (e.g., NIST SP 800-88 sanitization guidelines) or their successor.
- 5The act applies to cases pending at enactment and to cases commenced or reopened after enactment; it remains labeled as the “Don’t Sell My DNA Act.”