Don’t Sell My DNA Act

Summary

Adds genetic information to the set of data protected in federal bankruptcy cases and restricts how that data can be used, sold, or retained by a bankruptcy estate. The bill requires actual prior written notice to any person whose genetic information would be sold, leased, or otherwise used, and it obligates trustees or debtors in possession to delete any genetic information that remains in the estate if it was not validly transferred, using court-prescribed deletion methods (which may include NIST SP 800-88 guidance). These changes apply on the date of enactment and to pending, reopened, and new cases.

• Adds "genetic information" (per GINA) to the Bankruptcy Code’s protected data definition.
• Conditions the sale, lease, or use of estate-held genetic information on a judicial finding regarding compliance with nonbankruptcy law.
• Requires actual prior written notice to each person whose genetic information would be subject to a proposed sale, lease, or use.
• Mandates deletion by the trustee or debtor of any genetic information remaining in the estate that was not validly transferred.
• Permits courts to require deletion methods consistent with recognized technical guidance (e.g., NIST SP 800-88).
• Applies immediately on enactment and to pending, reopened, and future bankruptcy cases.
• Raises administrative compliance costs and documentation duties for trustees, debtors, and data holders.
• Likely reduces the ability of estates to monetize genetic data without direct notice to affected individuals.