Law / United States / 
New Jersey
Genetic Privacy Act
Officially Genetic Privacy Act: consent to obtain, retain and disclose genetic information
Genetic Privacy Act, N.J. Stat. §§ 10:5-43 to 10:5-49
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Consent, Data subject rights, Retention, Disclosure, Prohibition
As of .
What it requires
- Do not obtain genetic information from an individual, or from an individual's DNA sample, without first obtaining informed consent from the individual or the individual's representative, unless an exception in section 6(a) applies (N.J.S.A. 10:5-45).
- Do not retain an individual's genetic information without first obtaining authorization under the informed consent requirement, unless retention falls within one of the exceptions in section 7(a) (N.J.S.A. 10:5-46(a)).
- Destroy a DNA sample promptly on the specific request of the individual or the individual's representative, unless retention is necessary for a criminal or death investigation or a criminal or juvenile proceeding, or is authorized by court order (N.J.S.A. 10:5-46(b)).
- Destroy a research subject's DNA sample promptly on completion of the project or the subject's withdrawal, whichever occurs first, unless the individual or the individual's representative directs otherwise by informed consent (N.J.S.A. 10:5-46(c)).
- Destroy a DNA sample taken for insurance or employment purposes promptly after the purpose for which it was obtained has been accomplished, unless a court of competent jurisdiction orders retention (N.J.S.A. 10:5-46(d)).
- On request, let the individual or the individual's representative inspect, request correction of and obtain genetic information from the individual's records, unless the individual directs otherwise by informed consent; for a policy of life insurance or a disability income insurance contract, P.L.1985, c.179 applies instead (N.J.S.A. 10:5-46(e)).
- Do not disclose the identity of an individual on whom a genetic test has been performed, or genetic information about the individual in a manner that permits identification, and do not disclose it in response to a subpoena or other compulsion, unless one of the conditions in section 8(a) is met, including the tested individual's signed consent (N.J.S.A. 10:5-47).
- If you require or request genetic testing or receive records, results or findings of genetic testing, give the person tested notice that the test was performed and the results received, and that the information may not be disclosed without the person's written consent except under the exceptions in section 8, unless the person has directed otherwise by informed consent (N.J.S.A. 10:5-48(a)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Section 10(a) of P.L.1996, c.126 makes a violation of sections 6 through 9 a disorderly persons offense punishable by a fine of $1,000, a prison term of six months, or both. Section 10(b) punishes a willful disclosure of an individual's genetic information to a third party by a fine of $5,000, a prison term of one year, or both.
What this law does
Sections 1 through 10 of P.L.1996, c.126 are known as the Genetic Privacy Act. No person may obtain genetic information from an individual, or from an individual's DNA sample, without first obtaining informed consent from the individual or the individual's representative.
The consent requirement does not apply to genetic information obtained by a law enforcement agency to establish identity in a criminal investigation or prosecution, to determine paternity, under the DNA Database and Databank Act of 1994, to identify deceased individuals, for anonymous research where the subject's identity will not be released, under newborn screening requirements, or as federal law authorizes for the identification of persons.
No person may retain an individual's genetic information without first obtaining authorization under the informed consent requirement, unless retention falls within one of five listed exceptions.
A DNA sample from which genetic information has been obtained must be destroyed promptly on the specific request of the individual or the individual's representative, unless retention is necessary for a criminal or death investigation or a criminal or juvenile proceeding, or is authorized by court order.
An individual or the individual's representative, promptly on request, may inspect, request correction of and obtain genetic information from the individual's records unless the individual directs otherwise by informed consent, except that for a policy of life insurance or a disability income insurance contract the provisions of P.L.1985, c.179 apply.
A person may not disclose, or be compelled by subpoena or any other means to disclose, the identity of an individual on whom a genetic test has been performed, or genetic information about the individual in a manner that permits identification, unless one of ten listed conditions is met.
A person who requires or requests that genetic testing be done, or receives records, results or findings of genetic testing, must give the person tested notice that the test was performed and that the records, results or findings were received, unless otherwise directed by informed consent. A person violating sections 6 through 9 of P.L.1996, c.126 is a disorderly person punishable by a fine of $1,000, a prison term of six months, or both.
A person who willfully discloses an individual's genetic information to a third party in violation of the act is punishable by a fine of $5,000, a prison term of one year, or both. A person who discloses an individual's genetic information in violation of the act is liable to the individual for all actual damages, including damages for economic, bodily or emotional harm proximately caused by the disclosure.
Sections 6 and 7 of P.L.1996, c.126 apply to genetic information obtained on or after the act's effective date. P.L.1996, c.126 was approved on and took effect immediately.
When LexLint raises it
When your app profile says your app processes biometric data, crawls the web, trains models or deploys a chatbot.