Florida Imposes Criminal Penalties for Improper Processing of DNA

Florida recently passed a law governing DNA samples. The Act places several restrictions on the use, retention, and sharing of DNA samples. Those that violate the Act may face criminal liability.

Requirements under the law:

Requirements under the Act are tied to “DNA samples” which include any human biological specific from which DNA can be extracted or the extracted DNA. To process a person’s DNA, entities must first obtain express consent. The Act defines “express consent” as an “authorization…evidenced by an affirmative action demonstrating an intentional decision.” With consent, there must also be a clear and prominent disclosure describing the manner of collection, use, retention, maintenance, or disclosure of a DNA sample. The notice must also describe the purpose of processing or the use of the DNA.

Source: https://www.jdsupra.com/legalnews/florida-imposes-criminal-penalties-for-6538775/