Special Report - Decoding Genomic Data Security: Lessons from FTC’s Vitagene Enforcement and the NIST CSF Profile for Genomic Data

McDermott Will & Emery
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Remarkable progress in DNA and RNA sequencing have democratized the generation and analysis of genomic data across diverse industry sectors, including biopharmaceutical research, healthcare, consumer ancestry, law enforcement, agriculture and wellness testing. However, these advances have simultaneously escalated cybersecurity risks associated with the collection, processing, and maintenance of genomic data. This burgeoning challenge has prompted state attorneys general and federal agencies to take action to safeguard consumers and ensure responsible genomic data management. Here we examine recent state and federal enforcement actions and guidance from the National Institute of Standards and Technology (NIST) that address the responsible collection, storage and use of genomic data. We summarize key issues and recommendations to help genomic community stakeholders manage and reduce cybersecurity risks.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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