Equal Employment Opportunity Commission (EEOC)

The World Privacy Forum has filed extensive comments on the proposed changes to how the Genetic Information Nondiscrimination Act will be interpreted. Our comments focus on how the proposal will impact wellness program privacy, as well as family and spousal privacy. In our comments, we discuss our concerns with a variety of aspects of wellness program privacy, including the fact that much data from wellness programs falls outside of HIPAA protections. We also have strongly urged the EEOC to not allow employers to purchase genetic information about employees from third parties without consent, among other items related to this issue.

The World Privacy Forum filed comments with the Equal Employment Opportunity Commission about wellness programs and related privacy impacts to individuals. Many Americans now take part in employer wellness programs, and they are increasingly and justifiably concerned about the sensitive information these programs are gathering, sometimes in return for incentives such as discounts on pricing for health insurance. These comments to the EEOC address some of the most significant challenges individuals face, including voluntariness, fairness, due process, and information sharing outside of HIPAA.

Genetic Privacy | GINA — The World Privacy Forum filed comments on the proposed regulations on the Genetic Information NonDiscrimination Act, or GINA. The comments request that the Equal Opportunity Employment Commission close down several potential loopholes in consumer protection in the proposed regulations. The Forum specifically asked the EEOC to consider curtailing the amount of commercially available information employers could access about employees, for example, through marketing databases. WPF also requested that those covered under GINA be required to maintain audit trails in certain circumstances, and urged that wellness programs be structured in such a way so as to prevent information leakage through billing and other activities.