New York A 7559: Relates to the protection of consumer genetic data in financial distress

Bill Text

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A07559 Summary:

BILL NOA07559 

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SAME ASNo Same As

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SPONSORBlumencranz

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COSPNSR

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MLTSPNSR

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Add Art 42-A §§1200 - 1204, Gen Bus L

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Enacts the "genetic privacy and protection act" to require the mandatory deletion of genetic data upon financial distress or bankruptcy; prohibits the sale, transfer, or continued use of genetic data without explicit and renewed consent from the original consumer; provides for attorney general enforcement.

Go to top A07559 Actions:

BILL NOA07559 

&nbsp

04/01/2025referred to consumer affairs and protection

01/07/2026referred to consumer affairs and protection

Go to topA07559 Committee&nbspVotes:

Go to topA07559 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07559 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7559

 2025-2026 Regular Sessions

 IN ASSEMBLY

 April 1, 2025
 ___________

 Introduced by M. of A. BLUMENCRANZ -- read once and referred to the
 Committee on Consumer Affairs and Protection

 AN ACT to amend the general business law, in relation to prohibiting the
 sale, transfer, or continued use of consumer genetic data upon finan-
 cial distress, bankruptcy, or dissolution of a company handling such
 data

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "genetic privacy and protection act."
 3 § 2. The general business law is amended by adding a new article 42-A
 4 to read as follows:
 5 ARTICLE 42-A
 6 PROTECTION OF CONSUMER GENETIC DATA IN FINANCIAL DISTRESS
 7 Section 1200. Definitions.
 8 1201. Mandatory deletion of genetic data upon financial distress
 9 or bankruptcy.
 10 1202. Prohibition on sale, transfer, or continued use of genetic
 11 data.
 12 1203. Annual financial health disclosures.
 13 1204. Enforcement and penalties.
 14 § 1200. Definitions. As used in this section, the following terms
 15 shall have the following meanings:
 16 1. "Genetic data" means any data, analysis, or information concerning
 17 an individual's DNA, inherited characteristics, or genetic predisposi-
 18 tions derived from testing, sequencing, or other means.
 19 2. "Genetic data holder" means any company, entity, or organization
 20 that collects, stores, or processes consumer genetic data.
 21 3. "Financial distress" means any of the following conditions:
 22 (a) A public announcement of a merger, acquisition, or sale of assets;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11353-01-5

 A. 7559 2

 1 (b) A company's filing for protection under Title 11 of the United
 2 States Code (Bankruptcy Code); or
 3 (c) Notice of material financial instability as determined by state
 4 regulators.
 5 § 1201. Mandatory deletion of genetic data upon financial distress or
 6 bankruptcy. 1. A genetic data holder shall, within thirty days of expe-
 7 riencing financial distress that is likely to lead to seeking bankruptcy
 8 protection, permanently delete all consumer genetic data in its
 9 possession.
 10 2. A genetic data holder shall provide written notification to all
 11 affected consumers regarding the deletion of their data within fifteen
 12 days of such deletion.
 13 § 1202. Prohibition on sale, transfer, or continued use of genetic
 14 data. 1. No genetic data holder may sell, lease, share, or otherwise
 15 transfer consumer genetic data as part of a bankruptcy proceeding,
 16 financial restructuring, or asset liquidation.
 17 2. No third-party acquiring assets of a genetic data holder may use or
 18 retain consumer genetic data for any purpose unless the original consum-
 19 er provides explicit and renewed consent.
 20 § 1203. Annual financial health disclosures. 1. Any genetic data hold-
 21 er domiciled or doing business or operating in New York state shall
 22 submit an annual financial stability disclosure report to the department
 23 of state subject to legislative oversight by the governor, temporary
 24 president of the senate, speaker of the assembly, and minority leaders
 25 of the senate and the assembly.
 26 2. If such report indicates material financial instability, the compa-
 27 ny