,,ii #aaith ,,congress #ast ,session ,s4 #hfc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #e1 #bjbe,mr4 ,cassidy 7for himself and ,mr4 ,peters7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to provide consumers with the right to delete their genomic data1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,genomic ,data ,protection ,act4 #b4 ,consumer rights regarding privacy of genomic data 7a7 ,requirements 7#a7 ,consumer controls 7,a7 ,in general ,a direct-to-consumer genomic testing company shall provide a simple and effective mechanism to allow a consumer to-- 7i7 access the genomic data of the consumer2 and 7ii7 subject to paragraph 7#d7-- 7,i7 delete the account of the consumer1 including any genomic data associated with such account2 and 7,,ii7 request the destruction of any biological sample of the consumer4 7,b7 ,required mechanism ,the direct-to-consumer genomic testing company shall make available to a consumer the mechanism described in subparagraph 7,a7 through the primary means by which the company communicates with the consumer4 7#b7 ,notification 7,a7 ,consumer controls and use of deidentified genomic data ,a direct-to-consumer genomic testing company shall make available1 in a clear and conspicuous1 not misleading1 and easy-to-read manner a notice that-- 7i7 provides a detailed and accurate representation of the rights set forth in clauses 7i7 and 7ii7 of paragraph 7#a77;,a72 and 7ii7 discloses that the deidentified genomic data of a consumer may be shared or disclosed to conduct medical or scientific research1 consistent with the privacy regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7#db ,u4,s4,c4 #acbj;d-#b note74 7,b7 ,purchase of company ,in the event that a direct-to-consumer genomic testing company is purchased or otherwise acquired by another entity1 the direct-to-consumer genomic testing company shall send to each consumer1 not fewer than #cj days prior to the date on which the purchase or acquisition is complete1 a notice that includes-- 7i7 the identity of the entity purchasing or otherwise acquiring the company2 and 7ii7 a detailed and accurate representation of the how a consumer can exercise the rights set forth in clauses 7i7 and 7ii7 of paragraph 7#a77;,a7 under the new ownership4 7#c7 ,processing of deletion or destruction requests 7,a7 ,in general ,with respect to a consumer's request to delete the genomic data or to destroy the biological sample of the consumer1 a direct-to-consumer genomic testing company shall-- 7i7 fulfill such request not later than #cj days after the date on which the consumer makes such request2 and 7ii7 notify the consumer of such deletion or destruction not later than #cj days after the deletion or destruction4 7,b7 ,outstanding requests during purchase of company ,in the event that a direct-to-consumer genomic testing company is purchased or otherwise acquired by another entity while a consumer's request to delete the genomic data or to destroy the biological sample of the consumer is outstanding-- 7i7 the entity that is purchasing or otherwise acquiring the company shall comply with the requirements described in subparagraph 7,a72 and 7ii7 the #cj-;day period to fulfill such request shall begin on the date on which the consumer makes such request to the direct-to-consumer genomic testing company4 7#d7 ,exceptions ,a direct-to-consumer genomic testing company shall not permit a consumer to exercise a right described in paragraph 7#a77;,a77ii7 if the company determines that the exercise of the right would require the deletion of information-- 7,a7 subject to a warrant1 lawfully executed subpoena1 or other court order2 or 7,b7 the company is required to retain in order to comply with any other applicable legal or regulatory requirement4 7b7 ,enforcement 7#a7 ,unfair or deceptive acts or practices ,a violation of this section or a regulation promulgated thereunder shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of the ,commission 7,a7 ,in general ,the ,commission shall enforce this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section4 7,b7 ,privileges and immunities ,any person who violates this section or a regulation promulgated thereunder shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7,c7 ,authority preserved ,nothing in this section shall be construed to limit the authority of the ,commission under any other provision of law4 7,d7 ,rulemaking ,not later than #a year after the date of enactment of this section1 the ,commission may promulgate in accordance with section #eec of title #e1 ,united ,states ,code1 such rules as may be necessary to carry out this section4 7c7 ,definitions ,in this section3 7#a7 ,biological sample ,the term biological sample means any material part of the human1 discharge therefrom1 or derivative thereof1 such as tissue1 blood1 urine1 or saliva1 known to contain deoxyribonucleic acid 7,,dna74 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,consumer ,the term consumer means an individual who provides a biological sample to a direct-to-consumer genomic testing company4 7#d7 ,deidentified genomic data ,the term deidentified genomic data means data that cannot be used to infer information about1 or otherwise be linked to1 a particular individual1 provided that the business that possesses the information does all of the following3 7,a7 ,takes reasonable measures to ensure that the information cannot be associated with a particular individual4 7,b7 ,publicly commits to maintain and use the information only in deidentified form and not to attempt to reidentify the information1 except that the business may attempt to reidentify the information solely for the purpose of determining whether its deidentification processes satisfy the requirements of this subparagraph1 provided that the business does not use or disclose any information reidentified in this process and destroys the reidentified information upon completion of that assessment4 7,c7 ,contractually obligates any recipients of the information to take reasonable measures to ensure that the information cannot be associated with a particular individual and to commit to maintaining and using the information only in deidentified form and not to reidentify the information4 7#e7 ,direct-to-consumer genomic testing company 7,a7 ,in general ,the term direct-to-consumer genomic testing company means a person that does any of the following3 7i7 ,manufactures or develops genomic testing products or services for sale directly to consumers4 7ii7 ,analyzes or interprets genomic data obtained from a consumer4 7iii7 ,collects1 uses1 maintains1 or discloses genomic data collected or derived from a direct-to-consumer genomic testing product or service4 7iv7 ,purchases or acquires genomic data from a direct-to-consumer genomic testing company4 7,b7 ,exclusion for health care professionals ,the term direct-to-consumer genomic testing company shall not include a health care professional 7as defined in section #bbe of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bcd77 that performs an action described in subparagraph 7,a7 for purposes of diagnosis or treatment of a medical condition4 7#f7 ,genomic data 7,a7 ,in general ,the term genomic data-- 7i7 means any data1 regardless of its format or whether the data has been deidentified1 that results from the analysis of a biological sample from a consumer and concerns genomic material2 and 7ii7 includes-- 7,i7 deoxyribonucleic acids 7,,dna71 ribonucleic acids 7,,rna71 genes1 chromosomes1 alleles1 genomes1 alterations or modifications to ,,dna or ,,rna1 and single nucleotide polymorphisms 7,s,n,ps72 7,,ii7 uninterpreted data that results from the analysis of the biological sample2 or 7,,iii7 any information extrapolated1 derived1 or inferred therefrom4 7,b7 ,exclusion of deidentified genomic data ,the term genomic data shall not include the deidentified genomic data of a consumer to the extent that such data is used to conduct medical or scientific research1 consistent with the privacy regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7#db ,u4,s4,c4 #acbj;d-#b note74 7#g7 ,genomic testing product or service ,the term genomic testing product or service means any testing product or service that analyzes or interprets the genomic data or biological sample of a consumer4 7d7 ,relationship to ,federal and ,state laws 7#a7 ,federal law preservation ,nothing in this ,act1 or a regulation promulgated under this ,act1 shall be construed to limit any other provision of ,federal law1 except as specifically provided in this ,act4 7#b7 ,state law preservation ,nothing in this ,act1 or a regulation promulgated under this ,act1 shall be construed to preempt1 displace1 or supplant any ,state law1 except to the extent that a provision of ,state law conflicts with a provision of this ,act1 or a regulation promulgated under this ,act1 and then only to the extent of the conflict4