Don’t Sell My DNA Act

Requirement for Written Consent: Under Section 2(a)(1)(B) amending section 363, no use, sale, or lease of personally identifiable information consisting of genetic information can be approved unless all affected persons, including non-parties, provide affirmative written consent after the case begins. This ensures individuals have control over their genetic data.

Mandatory Prior Notice: Section 2(a)(2)(A) adding subsection (q) to section 363 states that any use, sale, or lease of genetic information is not considered final and valid unless the person is provided with actual prior written notice. This provides transparency to the individual before their data is handled.

Data Deletion Mandate: Section 2(a)(2)(B) adding subsection (c) to section 1107 requires a trustee or debtor in possession to delete genetic information that was part of the estate but not subject to a sale, lease, or other disposition. This ensures that sensitive biological data is not kept indefinitely if it is not being used for a specific authorized purpose.