Scholar: Federal privacy law needed for sensitive consumer data when companies go bankrupt: University of Illinois at Urbana-Champaign News Bureau
2025 APR 30 (NewsRx) -- By a
Although the Genetic Information Nondiscrimination Act prohibits the discriminatory use of genetic information by employers with 15 or more employees and health insurers, it doesn’t apply to uses by other parties, such as life or long-term care insurance - and it doesn’t stop direct-to-consumer genetic-testing companies like
“Companies like
Gerke’s co-authors are
Recreational genetic testing companies collect large amounts of sensitive customer data, including saliva samples, genetic information and self-reported information such as disease conditions, family history and health-related information - but that doesn’t mean people are covered by the stringent requirements of the Health Insurance Portability and Accountability Act, Gerke said.
“From a legal standpoint, people interact with such companies as ‘consumers,’ not ‘patients,’ and very few protections exist for customers,” she said. “They typically don’t fall under HIPAA because the law has a very narrow scope. It came into effect at a time when we went to the doctor’s office for traditional in-patient office visits. But does HIPAA apply to other direct-to-consumer health care products and services that we buy online? For the most part it doesn’t, and in the process, consumers have essentially handed over sensitive, private and often very valuable personal information to these tech companies thinking that they’ll remain under lock and key forever.”
The issue also applies to other companies that accumulate personal health data such as fitness trackers, Gerke noted.
“I think we’ll see more and more companies that are sitting on these massive stockpiles of sensitive personal data go bankrupt, and then we’ll have the same problem all over again,” she said. “We just don’t have a proper mechanism in place to protect people’s personal data.”
Gerke said it’s a “structural problem” in the
“Congress could step in and shield consumers from having their data repackaged as a result of corporate changes,” she said.
Moreover, the
“The EU, by contrast, has the GDPR that applies to the processing of all personal data, including health data and other sensitive data such as genetic data,” said Gerke, also a professor at the European Union Center at
Although the
The state of
“There are only a few states that have enacted comprehensive privacy laws, and the state of
Clearly, the remedy is to implement adequate data protection at the federal level, Gerke said.
“The ideal option would be to have a federal privacy law similar to the EU or at least amend HIPAA and GINA by expanding their scope,” she said. “Even if nothing happens at the federal level, hopefully consumers will now be more proactive and guarded about their data privacy given the headlines generated by the
The paper was published by the
(Our reports deliver fact-based news of research and discoveries from around the world.)


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