HB 3436
Genetic Privacy Act
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill, the Genetic Information Privacy Act, establishes a legal framework to protect the privacy of consumers' genetic data in West Virginia. It requires entities that collect, use, or analyze genetic data – such as genetic testing companies – to provide clear information to consumers about how their data is handled, obtain express consent for specific uses, and implement security measures to safeguard this sensitive information. The act also outlines enforcement mechanisms and defines key terms related to genetic data privacy.
Key provisions
- Requires entities to provide consumers with a privacy notice detailing data collection, use, and disclosure practices.
- Mandates obtaining express consent from consumers before collecting, using, or disclosing their genetic data for specific purposes.
- Establishes a process for consumers to access, delete, and revoke consent for their genetic data.
- Defines key terms related to genetic data, including ‘biological sample,’ ‘genetic data,’ and ‘entity.’
- Prohibits disclosure of genetic data to health insurance, life insurance, or long-term care insurance providers without consent.
- Grants the Attorney General enforcement authority to address violations of the act.
- Specifies limitations and exclusions to consent requirements, such as research and governmental uses.
- Requires genetic data stored within the state to be stored within the United States.
Who is affected
- Consumers in West Virginia
- Genetic testing companies
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