This bill would add a new section to South Carolina law prohibiting a company or individual from selling a person’s genetic material without prior written consent. It defines genetic material broadly to include hereditary material such as DNA and, in some cases, RNA. The bill also requires that consent be obtained through a separate, stand-alone document that deals only with the sale or sharing of genetic information, must be conspicuous, and must allow the individual to opt out of specific levels of sharing.
The bill further states that a company has no legal rights to an individual’s genetic information or material and that only the individual may own that information. It creates a private right of action, allowing a person or entity to sue to stop a violation, recover actual monetary losses, or obtain statutory damages of $500 per violation, whichever is greater, and potentially both injunctive relief and damages. The act would take effect upon approval by the Governor.
Impact
If enacted, the bill would create a new consumer privacy and property-rights framework for genetic information in Title 39 of the South Carolina Code. It would regulate businesses, testing companies, and any other persons or entities handling genetic material by restricting sales and requiring a separate written consent process. It would also expose violators to civil litigation and statutory damages, which could increase compliance obligations and legal risk for companies that collect, store, analyze, or share genetic data.
Sentiment
The available record shows no committee transcripts or recorded votes, so there is no documented floor or committee debate to gauge support or opposition. Based on the bill text and caption, the measure appears to be framed as a privacy-protection bill focused on individual control over genetic information. The absence of recorded discussion means the overall sentiment cannot be measured from the provided materials.
Contention
The main points of potential contention are the bill’s strong ownership language, its ban on selling genetic material without consent, and the requirement that consent be obtained only through a separate document. Businesses involved in genetic testing, biotech, data brokerage, or consumer genomics could object to the operational burden and litigation exposure, while privacy advocates would likely support the bill’s restrictions and private enforcement mechanism. The private right of action and $500-per-violation damages provision are likely to be the most significant enforcement-related issues.