Alabama bill ‘creates the crime of genetic theft’: What is it?
A Senate committee Tuesday approved a bill that would criminalize the use of someone’s genetic material without their approval.
HB 449, sponsored by Rep. Ben Robbins, R-Sylacauga, creates a set of crimes related to intentionally transferring genetic material or genetic information to another party without the owner’s consent.
“My bill, HB 449, creates the crime of genetic theft,” Robbins told members of the Senate Judiciary Committee.
The Alabama House of Representatives approved the bill last week.
Under the bill, a person convicted of selling or transferring the DNA of others without their consent to a third party could be convicted of a Class C felony and face up to 10 years in prison.
Submitting a DNA sample for genetic testing without that person’s consent; obtaining an individual’s genetic material for testing or providing a person’s genetic information to a third party would be a Class D felony, punishable by up to five years in prison and a fine of up to $7,500.
Obtaining a person’s DNA for genetic analysis or retrieving a person’s genetic information from a computer database without authorization would be a Class A misdemeanor, punishable by up to a year in jail and a fine of $6,000.
Several lawmakers on the committee expressed concerns with the legislation, calling some of the elements confusing.
Sen. April Weaver, R-Brierfield, asked if the legislation applies to a situation in which family members have an account with a genetic testing company and, during a gathering, collect the genetic materials of relatives to get a better understanding of the family’s history.
“It could only be if you did it without their consent,” Robbins said. “You send all that information into Ancestry. If I then, as a hacker, steal hundreds of thousands of people’s accounts, their information, their genetic data, I would have committed the crime because I would have obtained it without someone’s expressed consent.”
Sen. Greg Albritton, R-Atmore, said laws are already in place to address similar situations.
“If it is the records, we already have laws for stealing information and medical records,” he said.
Robbins said that the legislation would apply to organizations that retain genetic information that are not necessarily medical providers, such as private genetic repositories such as 23andMe.
The bill moves to the Senate.