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August 2008 Archives

ACLU Welcomes New Genetic Privacy Protections for Illinois Residents
August 28, 2008

GIPACHICAGO - Illinois residents can be more confident that their private, intimate genetic information will not be used against them by insurance companies or employers under new legislation signed into law by Governor Rod Blagojevich. The legislation means that Illinois residents can avail themselves of the sweeping technological changes and discoveries accessible through genetic testing and still protect their privacy. The new law 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 putative employer.

The new critical protections are contained in Senate Bill 2399 signed into law this week. The legislation, originally sponsored by Senator Terry Link and Senator Christine Radogno, was supported by the American Civil Liberties Union of Illinois. In the Illinois House, the measure was championed by Representative Kathleen Ryg, Representative Barbara Flynn Currie and Representative Elizabeth Coulson.

"This legislation reflects a critical update to protection of genetic privacy in Illinois," said ACLU of Illinois Legislative Counsel James Ferg-Cadima. "In the decade since state government took steps to protect the privacy of Illinois residents, we have seen a seismic shift in genetic research - including completion of the federal Human Genome Project."

"The updated protections were necessary to ensure that Illinois residents have access to, and use of, genetic testing and reduced fear of discrimination based on the test results."

A recent study conducted by the John Hopkins University found 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 new law 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.

"The ability to access critical genetic information without fear of the information being used adversely will benefit thousands of Illinois residents and improve information about health care options for many families, "added the ACLU's Ferg-Cadima.

For more information about the Genetic Information Privacy Act, see:
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