Prohibits the sale or disclosure of Americans' genetic information to the People's Republic of China by commercial DNA testing services, enforced by the FTC.
Tim Burchett
Representative
TN-2
The American Genetic Privacy Act of 2025 prevents commercial DNA testing services from selling or disclosing individuals' genetic information to the People's Republic of China or entities under its control. The Federal Trade Commission (FTC) will enforce this law.
The American Genetic Privacy Act of 2025 includes a specific rule, Section 2, aimed squarely at preventing genetic information from ending up in the hands of the People's Republic of China. This means companies offering commercial DNA tests (think ancestry or health screening services) and even individuals would be barred from selling or disclosing this sensitive data to China or any entity significantly influenced or owned by it. Enforcement falls to the Federal Trade Commission (FTC), treating violations like unfair or deceptive trade practices.
This rule directly targets the flow of "genetic information" – defined as data derived from genetic tests – specifically when obtained through commercial DNA services. The goal appears twofold: enhancing personal privacy for Americans using these popular services and addressing national security concerns about a foreign power potentially accessing large datasets of U.S. genetic information. For the average person who's used or considered using a DNA kit, this could offer some peace of mind that their data has stricter controls regarding where it can be sent internationally, particularly concerning China.
While the aim is clear, the practical application raises questions. The bill prohibits disclosure to entities under Chinese "influence, control, or ownership," but how broadly "influence" will be interpreted could impact businesses and researchers. Companies with existing partnerships or data-sharing agreements involving Chinese entities might need to significantly alter their operations. There's also a potential, though perhaps limited, impact on international scientific collaboration if researchers find sharing anonymized genetic data for studies becomes more complex due to concerns about the affiliations of research partners. The FTC will be responsible for navigating these nuances during enforcement.