This legislation, known as the "Don't Sell My DNA Act," aims to strengthen the protection of genetic information within federal bankruptcy proceedings. It achieves this by amending Title 11, United States Code, to explicitly include genetic information, as defined by the Genetic Information Nondiscrimination Act of 2008, within the scope of personally identifiable information (PII) under bankruptcy law. This reclassification ensures that genetic data receives specific safeguards during a bankruptcy case. A key provision of the bill prohibits the use, sale, or lease of genetic information unless all affected persons , including those not directly involved in the bankruptcy, provide affirmative written consent after the case commences. Furthermore, any proposed use, sale, or lease of such data requires actual prior written notice to each individual whose genetic information is involved. The bill also mandates that trustees or debtors in possession must securely delete any genetic information that was part of the estate but not subject to an approved sale or disposition, utilizing court-prescribed methods.
This legislation, known as the "Don't Sell My DNA Act," aims to strengthen the protection of genetic information within federal bankruptcy proceedings. It achieves this by amending Title 11, United States Code, to explicitly include genetic information, as defined by the Genetic Information Nondiscrimination Act of 2008, within the scope of personally identifiable information (PII) under bankruptcy law. This reclassification ensures that genetic data receives specific safeguards during a bankruptcy case. A key provision of the bill prohibits the use, sale, or lease of genetic information unless all affected persons , including those not directly involved in the bankruptcy, provide affirmative written consent after the case commences. Furthermore, any proposed use, sale, or lease of such data requires actual prior written notice to each individual whose genetic information is involved. The bill also mandates that trustees or debtors in possession must securely delete any genetic information that was part of the estate but not subject to an approved sale or disposition, utilizing court-prescribed methods.