Law / United States / 
Minnesota
Genetic information held by government entities and other persons: written informed consent to collect, use, store and disseminate
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Consent, Retention
As of .
What it requires
- Do not collect genetic information about an individual, whether you are a government entity or any other person, without the individual's written informed consent, unless a law expressly provides otherwise.
- Use genetic information only for purposes to which the individual has given written informed consent, and store it only for the period to which the individual has given written informed consent.
- Disseminate genetic information only with the individual's written informed consent, or if necessary to accomplish the purposes the individual consented to; a consent to disseminate must be signed and dated and, unless the law provides otherwise, is valid for one year or a lesser period the consent specifies.
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 13.09(a) makes a person who willfully violates the provisions of chapter 13 guilty of a misdemeanor.
What this law does
Section 13.386 addresses the treatment of genetic information held by government entities and other persons. Genetic information is information about an identifiable individual derived from the presence, absence, alteration or mutation of a gene, or the presence or absence of a specific DNA or RNA marker, obtained from analysis of the individual's or a relative's biological information or specimen.
Genetic information also means medical or biological information collected from an individual about a particular genetic condition that is or might be used to provide medical care to the individual or the individual's family members. Unless a law expressly provides otherwise, genetic information about an individual may be collected by a government entity or any other person only with the written informed consent of the individual.
Genetic information may be used only for purposes to which the individual has given written informed consent, stored only for the period of time to which the individual has given written informed consent, and disseminated only with the individual's written informed consent or if necessary to accomplish the consented purposes.
A consent to disseminate genetic information must be signed and dated and, unless otherwise provided by law, is valid for one year or for a lesser period specified in the consent. Newborn screening activities conducted under sections 144.125 to 144.128 are subject to the consent rules of paragraph (a) of section 13.386, subdivision 3, and other programs and activities governed under section 144.192 are not.
The history of section 13.386 records that subdivision 3 was amended by chapter 82, section 3 of the 2013 session laws. The 2013 amendment of section 13.386, subdivision 3 took effect on . The 2013 amendment designated the existing text of section 13.386, subdivision 3 as paragraph (a). Section 13.09 makes a person who willfully violates the provisions of chapter 13 guilty of a misdemeanor.
The session law that added the section makes it effective , and applicable to genetic information collected on or after that date.
When LexLint raises it
When your app profile says your app processes biometric data.