Advancing technology is almost always a positive situation, but the implications of change are different across industries. In a materials laboratory, for example, a new universal tester is not going to affect much beyond efficiency. The same for a clinical laboratory that procures a new panel to test flu samples more rapidly. In a forensics laboratory, however, change has the potential to impact the criminal justice system at multiple levels.
The continually evolving technology behind DNA testing—combined with decreasing costs—has forced states to consider the genetic code of citizens inside House and Senate chambers much more often than in previous decades.
In terms of privacy, the state of Florida has led the discussion thus far, and has just added to it with a bill that would recommend felony charges for handling someone’s DNA without their explicit consent.
“As the use of DNA grows to meet consumer needs, it’s more important than ever that we take significant steps to protect your DNA from being used against you or allow companies or individuals to access your genetic code without your permission,” said representative Josie Tomkow (D), who is a sponsor of the bill.
SB 1140/HB 833 has passed the Florida House and is currently in the Senate. The bill imposes criminal penalties of up to felony in the second degree for obtaining the DNA of another person without their consent, which holds a sentence of up to 8 years in jail if found guilty.
“It is unlawful for a person to willfully, and without express consent, sell or otherwise transfer another person’s DNA sample or the results of another person’s DNA analysis to a third party, regardless of whether the DNA sample was originally collected, retained, or analyzed with express consent. A person who violates this subsection commits a felony of the second degree,” reads the bill.
The bill also sets up felony in the third degree for anyone that discloses another person’s DNA analysis results to a third party or submits another person’s DNA sample for analysis without consent. Collecting or retaining another person’s DNA sample with the intent to perform DNA analysis is considered first-degree misdemeanor under the new bill.
Of course, the collection of DNA samples for criminal investigations, court order or federal law is exempt from the conditions of this bill.
A federal law prohibits health insurers and employers from using the results of a person’s DNA analysis to deny coverage or raise premiums. In July 2020, Florida became to first state to expand on this law by passing HB 1189, which prohibits life, disability and long-term care insurance companies from requiring or soliciting genetic information from applicants and forbids DNA testing companies from providing consumer genetic information to insurers without permission.
“Given the continued rise in popularity of DNA testing kits, it was imperative that we take action, in order to protect Floridians’ DNA data from falling into the hands of an insurer who could potentially weaponize that information against current or prospective policyholders in the form of rate increases or exclusionary policies,” House Speaker Chris Sprowls (R-Fla.) said in a statement at the time.
The impetus behind HB 833 includes concerns of a more nefarious nature, but it all comes down to a person’s right to privacy regarding their own DNA. And while it’s unclear how prevalent “DNA stealing” has been or will become, Ray Rodrigues (R) of the Florida State Senate called it a “cutting-edge problem that this bill will solve in the state of Florida.”