This legislation, titled the "Don't Sell My DNA Act," significantly amends Title 11 of the United States Code, the Bankruptcy Code, to establish robust protections for genetic information during bankruptcy proceedings. Its primary goal is to prevent the unauthorized use, sale, or lease of sensitive genetic data that may become part of a bankruptcy estate by explicitly including it within the definition of "personally identifiable information." A crucial provision prohibits the use, sale, or lease of genetic information unless all affected persons , including non-parties, provide affirmative written consent after the commencement of the case. Any such disposition is only considered valid if each person whose data is involved receives actual prior written notice. Additionally, the bill mandates that a trustee or debtor in possession must securely delete any genetic information that was part of the estate but not subject to an approved sale or lease, using court-prescribed methods. These amendments will apply to all bankruptcy cases pending, commenced, or reopened on or after the Act's enactment date, ensuring comprehensive protection for genetic data in future and ongoing proceedings.
This legislation, titled the "Don't Sell My DNA Act," significantly amends Title 11 of the United States Code, the Bankruptcy Code, to establish robust protections for genetic information during bankruptcy proceedings. Its primary goal is to prevent the unauthorized use, sale, or lease of sensitive genetic data that may become part of a bankruptcy estate by explicitly including it within the definition of "personally identifiable information." A crucial provision prohibits the use, sale, or lease of genetic information unless all affected persons , including non-parties, provide affirmative written consent after the commencement of the case. Any such disposition is only considered valid if each person whose data is involved receives actual prior written notice. Additionally, the bill mandates that a trustee or debtor in possession must securely delete any genetic information that was part of the estate but not subject to an approved sale or lease, using court-prescribed methods. These amendments will apply to all bankruptcy cases pending, commenced, or reopened on or after the Act's enactment date, ensuring comprehensive protection for genetic data in future and ongoing proceedings.