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Florida: Genetic privacy law enters into effect

House Bill ('HB') 833 for the Protecting DNA Privacy Act entered into effect, on 1 October 2021. In particular, the Protecting DNA Privacy Act regulates and creates expanded definitions for acts relating to the unlawful use of DNA. More specifically, the DNA Privacy Act modifies §760.50 of the Florida Statutes to require express consent as opposed to informed consent for the use of DNA results. In addition, the DNA Privacy Act adds new definitions for DNA samples and exclusive property which enables an individual whose DNA has been extracted or analysed to exercise control of the sample and any results of the analysis in relation to its collection, use, retention, maintenance, disclosure, or destruction.

Furthermore, the Protecting DNA Privacy Act establishes civil penalties including felonies of the third degree for anyone who willfully, and without express consent, collects or retains another person's DNA sample with the intent to perform DNA analysis. Finally, such penalties are punishable by up to five years and fines of up to $5,000 per violation.  

You can read the Protecting DNA Privacy Act here and track its history here

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