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Genetic Information Privacy Act: direct-to-consumer genetic testing companiessince 7 lines

Tenn. Code Ann. secs. 47-18-4901 to 47-18-4906 · Read the law's page

  • If you are a direct-to-consumer genetic testing company, give a Tennessee consumer essential information about your collection, use, and disclosure of genetic data and a prominent, publicly available privacy notice covering your data collection, consent, use, access, disclosure, transfer, security, retention, and deletion practices (section 47-18-4904(a)(1)).
  • Obtain a consumer's initial express consent for collection, use, or disclosure of the consumer's genetic data, clearly describing your use of the data you collect through your genetic testing product or service, who has access to test results, and how you may share the data (section 47-18-4904(a)(2)).
  • If you transfer or disclose genetic data to a person other than your vendors and service providers, use it beyond the primary purpose of your product or service, or keep a biological sample after the initial testing, obtain the consumer's separate express consent for each; obtain informed consent under the federal human-subjects rules, 45 CFR Part 46, before transferring or disclosing genetic data to a third party for research, or for your own research for publication or generalizable knowledge; and obtain express consent before marketing to a consumer based on the consumer's genetic data, or before a third party markets to a consumer based on the consumer having ordered or purchased a genetic testing product or service (section 47-18-4904(a)(3)).
  • Require valid legal process before you disclose a consumer's genetic data to law enforcement or a government entity without the consumer's express written consent (section 47-18-4904(a)(4)).
  • Develop, implement, and maintain a comprehensive security program to protect a consumer's genetic data against unauthorized access, use, or disclosure (section 47-18-4904(a)(5)).
  • Provide a process for a consumer to access the consumer's genetic data, delete the consumer's account and genetic data, and destroy the consumer's biological sample (section 47-18-4904(a)(6)).
  • Do not disclose a consumer's genetic data to an entity that offers health insurance, life insurance, or long-term care insurance, or to an employer of the consumer, without first obtaining the consumer's written consent (section 47-18-4905).

Revisions

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  1. Revision 1, : the entry was first published.

See also

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