Don’t Sell My DNA Act
Summary
The "Don't Sell My DNA Act" aims to amend Title 11 of the United States Code to protect genetic information in bankruptcy proceedings. It prevents the sale, lease, or use of an individual's genetic data without explicit written consent, even in bankruptcy cases. The bill also mandates the deletion of genetic information held by the estate if it's not sold or leased under specific conditions.
Expected Effects
This act would significantly enhance the privacy of individuals facing bankruptcy by safeguarding their genetic information. It adds stipulations to existing bankruptcy laws to ensure genetic data is not treated as a commodity to be sold off to creditors. The changes would apply to both ongoing and future bankruptcy cases.
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.
- Prevents Discrimination: Reduces the risk of genetic information being used for discriminatory purposes by potential buyers.
- Strengthens Legal Framework: Updates bankruptcy laws to reflect modern concerns about genetic privacy.
- Promotes Ethical Handling of Data: Encourages responsible handling and deletion of genetic information in bankruptcy cases.
Potential Disadvantages
- Complexity for Bankruptcy Proceedings: May add complexity to bankruptcy proceedings, potentially increasing costs.
- Potential for Disputes: Could lead to disputes over what constitutes genetic information and the validity of consent.
- Limited Scope: Only addresses genetic information in bankruptcy, leaving other areas of genetic data privacy unaddressed.
- Enforcement Challenges: Enforcing the deletion and proper handling of genetic data could be challenging.
- Unintended Consequences: There may be unintended consequences related to the administration of bankruptcy cases.
Constitutional Alignment
The bill aligns with the spirit of the Fourth Amendment, which protects against unreasonable searches and seizures, as it extends privacy protections to genetic information. While the Constitution does not explicitly mention genetic data, the right to privacy has been interpreted by the Supreme Court to encompass personal information. The Commerce Clause (Article I, Section 8) could be relevant if the genetic information is sold across state lines, but the bill restricts such sales without consent.
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).