Melissa Bianchi, Scott Loughlin, Melissa Levine, and Fleur Oke of Hogan Lovells write:
California’s Genetic Information Privacy Act (“GIPA”), which came into effect on January 1, 2022, imposes obligations on direct-to-consumer (“DTC”) genetic testing companies and others that collect and process genetic information. These new obligations, combined with the many differing obligations in other states, may require all organizations processing genetic information to reevaluate their genetic information policies and practices.
Florida’s Protecting DNA Privacy Act, which came into effect in October, amends its previous genetic privacy law and regulates the use, retention, disclosure, or transfer of a person’s DNA samples or analysis results. Under the law as revised, it is unlawful to collect, retain, submit for analysis, analyze, sell or transfer a person’s DNA sample, or sell or transfer a person’s DNA analysis results without that person’s express consent. Florida’s law is unique in that it imposes criminal penalties when a person engages in any of the following activities without obtaining the express consent of the individual….
Read more about the two state laws at Engage.