California Enacts the Genetic Privacy Information Act

The law requires notices and actual, express consent from consumers for direct-to-consumer genetic testing companies, and any other company that collects, uses, maintains, or discloses information collected from biometric samples, or from any other element concerning genetic material (i.e. genes). Regarding the express consent provision in particular, this requires that consent is provided for: (1) the use of data through the genetic testing product being provided, for those specific purposes; (2) the storage of the consumer’s biometric sample after testing is complete; (3) each use of the genetic data or sample beyond what was originally intended; (4) each transfer or disclosure to a third party other than service providers, including that third party’s name; and (5) any marketing based on the genetic data. In essence, unless a consumer explicitly opts in, these companies cannot store, use, or market based on the genetic information.

Source: https://www.jdsupra.com/legalnews/california-enacts-the-genetic-privacy-82231