Law / United States / 
Utah
Genetic Information Privacy Act
In force since .
A sensitive categories rule binding private bodies.
- How the hook was established
- express
- What makes it apply
- Data subject residence
- Audit expectation
- none
What it requires
- Obtain a Utah consumer's initial express consent before collecting, using, or disclosing their genetic data through a direct-to-consumer genetic testing product or service, and give them a public privacy notice describing your data practices.NIST Privacy FrameworkCT.PO-P1NIST Privacy FrameworkCM.AW-P1
- Obtain separate express consent before transferring genetic data outside your vendors, using it beyond the primary testing purpose, or retaining a biological sample after testing.NIST Privacy FrameworkCT.PO-P1
- Let a Utah consumer access their genetic data, delete their account and genetic data, and have their biological sample destroyed on request.NIST Privacy FrameworkCT.PO-P3
- Do not disclose a Utah consumer's genetic data to a health, life, or long-term-care insurer, or to the consumer's employer, without the consumer's written consent.NIST Privacy FrameworkCT.PO-P1
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
- CM.AW-P1Mechanisms (e.g., notices, internal or public reports) for communicating data processing purposes, practices, associated privacy risks, and options for enabling individuals’ data processing preferences and requests are established and in place.
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- Does a company that only analyzes genetic data a consumer uploads, without offering a genetic test, come within "direct-to-consumer genetic testing company" under section 13-60-102(4)(b)?
What it makes you log
Logging duty
Part 1 requires a direct-to-consumer genetic testing company to give a privacy notice, obtain a consumer's express consent to collection, use, disclosure, transfer and marketing, require valid legal process before disclosing to law enforcement, keep a security program and provide a process to access, delete and destroy (13-60-104), and bars disclosure to insurers or employers without written consent (13-60-105). A consent that must be obtained or given in writing is a condition of the activity and states no record to be kept, and a notice and a security program are policies. The Attorney General's enforcement power in 13-60-106 names no power to demand records. The territorial hook is the definition of consumer as an individual who is a resident of the state.
- Kind
- None
- As of
What this law does
Binds a direct-to-consumer genetic testing company, an entity that offers genetic testing products or services to consumers or that collects, uses, or analyzes genetic data a consumer provides. Requires a public privacy notice and the consumer's initial express consent to collect, use, or disclose genetic data, plus separate express consent to transfer or disclose the data beyond the company's vendors, to use it beyond the primary testing purpose, or to retain a biological sample after testing.
Requires valid legal process for law-enforcement disclosure absent express written consent, a comprehensive security program, and a process for a consumer to access their genetic data, delete their account and data, and have their biological sample destroyed. Bars disclosure to health, life, or long-term-care insurers or to the consumer's employer without written consent. Originally enacted in 2021 (Chapter 361), renumbered and amended into its current Part 1 structure in 2023 (Chapter 327).
When LexLint raises it
When your app profile says your app processes personal data.
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