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New GOP bill would let companies force workers to get genetic tests, share results


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2017 Mar 10, 4:39pm   1,398 views  5 comments

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Under guise of “voluntary” wellness programs, employees’ genetics could be exposed. A new bill that is quietly moving through the House would allow companies to strong-arm their employees into taking genetic tests and then sharing that data with unregulated third parties as well as the employer. Employees that resist could face penalties of thousands of dollars.

In the past, such personal information has been protected by a law called GINA, the Genetic Information Nondiscrimination Act, which shields people from DNA-based discrimination. But the new bill, HR 1313, gets around this by allowing genetic testing to be part of company wellness programs.

Under HR 1313, GINA wouldn’t apply to anything voluntarily collected through wellness programs, and companies would have access to genetic data. That information would be stripped of identifiers, but in small companies, it could be fairly easy to match certain genetic profiles to specific employees.

Moreover, employers tend to hire third parties to collect and manage health data. These companies are not heavily regulated and can review genetic and other health data with identifiers. Some of the companies even sell health information to advertisers, STAT notes.

Employers can charge workers as much as 50 percent more for health insurance if they decline to partake in voluntary programs. The Equal Employment Opportunity Commission determined last year that programs are still considered voluntary even when they lead to financial penalties in the form of higher healthcare premiums for those who don’t participate.

Those same penalties for opting out of an employer’s wellness program would apply to genetic tests under the new bill, allowing employers to as for “voluntary” genetic tests that carry financial penalties for not participating.

More: https://arstechnica.com/science/2017/03/companies-want-employees-genetic-info-new-bill-lets-them-take-it-by-force/?comments=1

http://www.ibtimes.com/employee-genetic-tests-republican-bill-would-give-employers-access-your-info-2506422

#Health #GOP #BigBrother #Privacy #WellnessPrograms

Related: https://patrick.net/1295232/2016-09-02-workplace-wellness-programs-are-a-sham

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1   Tenpoundbass   2017 Mar 10, 5:33pm  

My company knows I don't as much as log into ADP so good luck with that.
Stay relavant and there will always be a big cherry red ass for the bastards to kiss.
Third Partys aint getting shit from me, if you wana give me to a third party then I'll take my skills and code to the competition. They would love to have me.

3   anonymous   2019 Mar 6, 5:14am  

How Genetics Companies Hand Over Your DNA to the FBI - Companies like FamilyTree claim to chart your ancestry but are secretly in cahoots with the government.

The act of checking your own DNA seems innocent enough: you swab the inside of your cheek with a Q-tip and send it to a company in the hope of learning more about your ancestry or your predisposition toward certain diseases. But those companies could also be sharing your personal DNA data with law enforcement, even if you’re not suspected of involvement in a crime, and even if the company’s terms don’t bother to warn you.

FamilyTree DNA recently apologized for not telling customers about their agreement with the Federal Bureau of Investigation (FBI) to grant the agency access to customer data. In an email to its customers, FamilyTree president Bennett Greenspan said the company has “processed a handful of cold cases for the FBI.” FamilyTree does have a privacy function that customers can opt to turn on that prevents DNA matching, but the default setting doesn’t prevent matching. Additionally, when one switches it on, it makes it impossible for folks to find distant relatives. So one of the main purposes for using such a service is really defeated if one wishes to preserve one’s privacy.

The type of DNA matching law enforcement uses when they’re searching these databases isn’t foolproof, and can often implicate the wrong person in a crime. For example, in 2012, paramedics accidentally brought the DNA of a homeless man they were treating to the scene of a murder they later responded to. This led them to arrest Lukis Anderson, who spent five months behind bars before his name was finally cleared. As the Electronic Frontier Foundation’s Jennifer Lynch put it, “allowing police and private companies to use these techniques without legal constraints violates privacy and could link people to crimes they didn’t commit.”

But the fact that police are using and abusing such databases shouldn’t surprise anyone. The federal government has become more and more fixated on collecting the intimate biometric data of millions of innocent Americans, and companies routinely bend over backward to appease the feds.

For example, Amazon has been selling its facial recognition tool, known as Rekognition, to law enforcement agencies all over the country, and has actively pushed Immigration and Customs Enforcement (ICE) to purchase the tool as well. Many local law enforcement agencies have praised Amazon for their partnership. Rekognition has the ability to recognize the faces of “tens of millions” of people. But the tool has many flaws: it even misidentified 28 members of Congress as suspected criminals.

The Department of Homeland Security (DHS) has been working on a biometric database of 500 million people called the Homeland Advance Recognition Technology (HART). Among other biometric indicators, this massive vault would hold DNA, facial, and voice recognition data on millions of people. And law enforcement agencies are notorious for sharing data with one another, so it’s easy to see how anything collected from DNA companies by the FBI could be lumped into the HART database too.

When federal agencies are this overzealous in their push to know everything about us, it becomes crucial that the private companies holding our data apply due process rigidly and don’t blindly turn over data to the government without probable cause.

Thankfully, there are a few major companies willing to stand up to federal demands and protect your privacy. Both Ancestry.com and 23andMe claim that they require a court-issued warrant before they’ll turn over any of your biometric data to law enforcement. 23andMe has received five requests for genetic data thus far, and has denied all of them. That said, because genetic data isn’t protected by HIPAA and other privacy regulations, we’re left to simply trust that companies will follow their own privacy policies and stand up to encroaching law enforcement agencies.

It’s simple: if you’re truly concerned with protecting your genetic data from the prying eye of the government, the only solution is to not share such data with third parties—even if you believe they’ll handle it with care.

https://www.theamericanconservative.com/articles/how-genetics-companies-hand-over-your-dna-to-the-fbi/
4   CBOEtrader   2019 Mar 6, 5:48am  

anonymous says
Employers can charge workers as much as 50 percent more for health insurance if they decline to partake in voluntary programs.



Please correct me if I'm missing something but this DNA testing is simply tech forward underwriting for the insurance company. Paramedical exams are already normal in life insurance. Employer health plans often look at the collective risk pool. A healthy employee base can = 20% lower costs. It's no more of a violation of privacy than any intimate medical examination, the results of which would be used and protected the same as your personal health info.

FYI, employers dont "charge" for insurance. They pass costs through and make one company wide decision of what % of total insurance costs to cover.

Employers cant selectively choose an employee to single out. Insurance carriers, however, CAN and DO charge different amount for different people.
5   RWSGFY   2019 Mar 6, 12:28pm  

anonymous says
But the new bill, HR 1313


The original post was made a year ago. Since then we've had an election. Correct me if I'm wrong, but don't unpassed bills die automatically once new House is sworn in?

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