A new Texas bill seeks to strengthen genetic privacy protections by explicitly affirming an individual’s exclusive property rights over their DNA. Senate Bill (SB) 315, introduced by Sen. Lois Kolkhorst (R-Brenham), would establish criminal and civil penalties for the unauthorized collection, use, or sale of genetic material.
Under current Texas law, direct-to-consumer genetic testing companies like 23andMe and AncestryDNA are subject to regulations governing how they collect and share genetic data. However, SB 315 goes further by reinforcing the idea that a person’s DNA is their property and cannot be used without informed, written consent—except in cases of emergency medical treatment or for law enforcement purposes.
The bill is scheduled to be reviewed Wednesday by the Senate Health and Human Services Committee.
Growing Concerns Over DNA Privacy and Security
Direct-to-consumer genetic testing has become a popular tool for individuals looking to explore their ancestry, understand potential health risks, and uncover genetic traits. However, these services have also raised significant privacy concerns. Once DNA is submitted, individuals often have little control over how their genetic information is stored, shared, or even sold.
According to the bill analysis, genetic testing companies have provided third parties—such as pharmaceutical firms—access to genetic data with “minimal oversight.”
The security risks of genetic data were highlighted in October 2023, when 23andMe suffered a major data breach exposing sensitive genetic information from nearly seven million customers. The breach intensified fears about the long-term storage and potential misuse of genetic information.
SB 315 aims to address these risks by giving the Texas Attorney General the authority to seek civil penalties and injunctions against violators. This means that any unauthorized collection or sale of DNA could result in hefty fines and legal action.
National Trend Toward Genetic Privacy Laws
Texas is not alone in pushing for stronger genetic privacy protections. Several other states, including Arizona, California, and Kentucky, have passed similar laws restricting how companies handle genetic data.
One of the most significant concerns surrounding genetic databases is their dual use in both private and law enforcement investigations. DNA data has helped solve cold cases, most notably leading to the arrest of Joseph DeAngelo, the Golden State Killer, through forensic genealogy.
The Federal Bureau of Investigation (FBI) operates the Combined DNA Index System (CODIS), a national forensic DNA database established in 1998. CODIS contains over 18 million profiles and has been instrumental in solving nearly 719,000 investigations. However, it is primarily limited to offenders required by law to submit DNA samples.
Balancing Privacy with Public Safety
SB 315 reflects a growing national debate over the balance between genetic privacy and public safety. While law enforcement has used DNA databases to catch criminals and identify missing persons, concerns remain over how private companies manage genetic data and whether individuals truly understand the risks when submitting their DNA.
If passed, SB 315 would position Texas as one of the states with the strictest genetic privacy laws, ensuring individuals have more control over their DNA while holding companies accountable for unauthorized use.
As genetic testing continues to evolve, Texas lawmakers will need to navigate the complexities of technological advancements, ethical considerations, and consumer rights—all while ensuring public safety is not compromised.
