Acting in response to sweeping technological changes and discoveries over the past decade, the Illinois Senate Executive Committee today approved Senate Bill 2399 modernizing and strengthening key protections for genetic privacy in the state. The measure, sponsored by Senators Terry Link and Christine Radogno, is supported by the American Civil Liberties Union of Illinois. The new measure builds on the personal privacy protections for genetic information first adopted by the Illinois General Assembly in 1998.

The new law, if enacted, permits state residents to more confidently seek genetic testing without the fear that the test results will be used against them or other family members by an employer or an insurance company.

"It has been a decade since the legislature created these protections," according to ACLU of Illinois Legislative Counsel James Ferg Cadima. "In that time we have seen a seismic shift in our scientific knowledge - owing to the completion of the federal Human Genome Project."

"This new law offers critical protections that will facilitate access to, and use of, genetic testing and reduce the fear of discrimination based on the test results."

The ACLU noted a recent study conducted by the John Hopkins University finding that 90% of Americans surveyed are hesitant to submit to genetic testing, even though such testing could reveal vital information about a host of treatable conditions. The reason for the reluctance, according to researchers, is fear that the test results will be used by an employer, a putative employer or an insurance company in a discriminatory or negative manner. Senate Bill 2399 offers important new protections to allay those fears.

Specifically, the legislation bars employers from using genetic information in hiring, firing, demoting or otherwise retaliating against job applicants or employees based on their or their family members' genetic testing results. The measure also harmonizes definitions in state law relating to genetic privacy with those in more recent federal laws, making the legislation as current as possible.

"We are pleased with the Executive Committee's action today," added the ACLU's Ferg-Cadima. "We look forward to seeing this debate move to the floor of the Senate and to the House."