S.1916 - Don’t Sell My DNA Act (119th Congress)
Summary
The "Don't Sell My DNA Act" (S.1916) aims to protect genetic information within the context of bankruptcy proceedings. It amends Title 11 of the United States Code to prevent the sale, use, or lease of an individual's genetic data without explicit written consent. The bill also mandates the deletion of genetic information held by the estate if it is not subject to sale or lease.
Expected Effects
This act would enhance privacy protections for individuals facing bankruptcy. It ensures that sensitive genetic information is not treated as a commodity to be sold off to creditors. The law would require affirmative consent for any use, sale, or lease of genetic data.
Potential Benefits
- Enhanced Privacy: Protects sensitive genetic information from being sold or used without consent.
- Control Over Personal Data: Gives individuals more control over their genetic data during bankruptcy proceedings.
- Prevents Discrimination: Reduces the risk of genetic information being used for discriminatory purposes.
- Promotes Ethical Handling of Data: Encourages responsible handling of genetic information by trustees and debtors in possession.
- Compliance with GINA: Reinforces the principles of the Genetic Information Nondiscrimination Act of 2008.
Potential Disadvantages
- Increased Administrative Burden: May increase the administrative burden on bankruptcy trustees and debtors in possession.
- Potential for Litigation: Could lead to litigation regarding the definition and scope of 'genetic information'.
- Complexity in Implementation: Implementing the deletion requirement may be complex and costly.
- Limited Scope: Only applies to bankruptcy cases, leaving genetic information vulnerable in other contexts.
- Potential Economic Impact: Could reduce the value of assets in bankruptcy estates if genetic information cannot be sold.
Constitutional Alignment
The bill aligns with the spirit of the Fourth Amendment, which protects against unreasonable searches and seizures, and the Ninth Amendment, which acknowledges that individuals have rights beyond those explicitly listed in the Constitution. While the Constitution does not explicitly address genetic information, the right to privacy is a well-established principle, and this bill seeks to extend that protection to genetic data in bankruptcy proceedings. The Commerce Clause (Article I, Section 8) grants Congress the power to regulate bankruptcy, which implicitly allows them to set rules regarding the handling of assets, including data.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).