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California: Bill for Genetic Information Privacy Act takes effect

Senate Bill ('SB') 41 which establishes the Genetic Information Privacy Act entered, on 1 January 2022, into effect, following its approval by the California Governor on 6 October 2021. In particular, the Act applies to direct-to-consumer genetic testing companies, and requires such companies to comply with the following requirements:

  • consumer's revocation of consent;
  • destroy a consumer's biological sample within 30 days of that revocation of consent;
  • take reasonable measures to ensure that the information cannot be associated with a consumer or household;
  • publicly commit to maintain and use the information only in de-identified form and not to attempt to re-identify the information, except that the business may attempt to re-identify the information solely for the purpose of determining whether its de-identification processes comply with the Act's requirements, provided that the business does not use or disclose any information re-identified in this process and destroys the re-identified information upon completion of that assessment; and 
  • contractually obligate any recipients of the information to take reasonable measures to ensure that the information cannot be associated with a consumer or household and to commit to maintaining and using the information only in de-identified form and not to re-identify the information.

You can read the Act and view its history here.