Privacy and Genetic Testing.

Abstract

This Act makes it illegal to perform DNA analysis on a sample, retain a DNA sample or the results of a DNA analysis, or disclose the results of a DNA analysis unless the person has first obtained the informed and written consent of the person, or the person's legal guardian or authorized representative, for the collection, analysis, retention, or disclosure. A DNA sample and the results of a DNA analysis performed on the sample are the exclusive property of the person sampled or analyzed. The prohibitions of this section do not apply to DNA samples collected and analyses conducted for law enforcement purposes, including the identification of perpetrators and the investigation of crimes and the identification of missing or unidentified persons or deceased individuals, for determining paternity, or to perform newborn screenings required by state and federal law or for the purpose of emergency medical treatment. A person may revoke or amend their informed and written consent at any time. A person may bring a civil action against a person who collects a DNA sample from the person, performs a DNA analysis on a sample, retains a DNA sample or the results of a DNA analysis, or discloses the results of a DNA analysis in violation of this Act. In addition to the actual damages suffered by the person, a person violating this chapter shall be liable to the person for damages in the amount of $5,000 or, if the violation resulted in profit or monetary gain to the violator, $100,000.