Law / United States / 
Texas
Texas genetic information confidentiality: disclosure limits, test result access and sample destruction
Tex. Labor Code secs. 21.403 to 21.405
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition, Data subject rights, Retention, Consent
- Audit expectation
- none
As of .
What it requires
- Treat genetic information you hold about an individual as confidential and privileged, whatever its source, except as Labor Code section 21.4031 provides (Tex. Labor Code sec. 21.403(a)).
- Do not disclose, or be compelled by subpoena or otherwise to disclose, genetic information about an individual unless the individual specifically authorized the disclosure in a written authorization that describes the information, names the recipient and states the purpose, or section 21.4031 allows it; the same bar applies to a secondary recipient that redisclosed the information (Tex. Labor Code secs. 21.403(b), (c), 21.4032).
- If you performed a genetic test, on the written request of the individual disclose the test results to the individual or to a physician the individual designates (Tex. Labor Code sec. 21.404).
- Destroy a sample of genetic material obtained from an individual for a genetic test promptly after the purpose for which it was obtained is accomplished, unless a court order, the individual's authorization, institutional-review-board-cleared research or a state screening test exception applies (Tex. Labor Code sec. 21.405).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
Tex. Labor Code sec. 21.403(e): a person who discloses genetic information in violation of section 21.403 is liable for a civil penalty of not more than $10,000, which the attorney general may recover in an action in the name of the state together with reasonable attorney's fees and court costs.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 10,000
Who enforces it
Enforcement body
Texas attorney general, who may bring an action in the name of the state to recover the civil penalty for a disclosure in violation of section 21.403 (Tex. Labor Code sec. 21.403(e)).
What this law does
Under section 21.403(a), genetic information is confidential and privileged regardless of the source of the information, except as section 21.4031 provides. A person who holds genetic information about an individual may not disclose or be compelled to disclose, by subpoena or otherwise, that information unless the disclosure is specifically authorized as section 21.4032 provides.
Section 21.403 applies to a redisclosure of genetic information by a secondary recipient of the information after disclosure by an initial recipient. An individual or the individual's legal representative may authorize disclosure of genetic information by a written authorization that includes a description of the information to be disclosed, the name of the person to whom the disclosure is made and the purpose for the disclosure.
An individual who submits to a genetic test has the right to know the results, and on the written request of the individual the entity that performed the test must disclose the results to the individual or to a physician the individual designates. A sample of genetic material obtained from an individual for a genetic test must be destroyed promptly after the purpose for which it was obtained is accomplished, unless an exception in section 21.405 applies.
A person who discloses genetic information in violation of section 21.403 is liable for a civil penalty of not more than $10,000, and the attorney general may bring an action in the name of the state to recover the penalty plus reasonable attorney's fees and court costs. Section 21.403 was added by Acts 1997, 75th Legislature, chapter 1215, effective .
Section 21.403 was amended by Acts 2003, 78th Legislature, chapter 965, effective , and by chapter 1276, effective .
When LexLint raises it
When your app profile says your app crawls the web, deploys a chatbot, processes biometric data or trains models.