§ 14-4401

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§14–4401.

(a)In this subtitle the following words have the meanings indicated.

(1)“Biological sample” means a material part or a derivative of or discharge from a material part of a human known to contain DNA.

(2)“Biological sample” includes human tissue, blood, urine, and saliva.

(c)“Deidentified data” means data that:

(1)Cannot reasonably be:

(i)Used to infer information about a consumer; or

(ii)Linked to an identifiable consumer; and

(2)Is subject to:

(i)Administrative and technical measures to ensure that the data cannot be associated with a particular consumer;

(ii)Public commitment by the company to maintain and use data in a deidentifiable form and not attempt to reidentify data; and

(iii)Legally enforceable contractual obligations that prohibit a recipient of the data from attempting to reidentify the data.

(d)“Direct–to–consumer genetic testing company” means an entity that:

(1)Offers genetic testing products or services directly to a consumer; or

(2)Collects, uses, or analyzes genetic data that resulted from a direct–to–consumer genetic testing product or service that was provided to the company by a consumer.

(e)“DNA” means deoxyribonucleic acid.

(f)“Express consent” means an affirmative response by a consumer to a specific, discrete, freely given, and unambiguous notice regarding the collection, use, or disclosure of the consumer’s genetic data for a specific purpose.

(1)“Genetic data” means data, in any format, that concerns the genetic characteristics of a consumer.

(2)“Genetic data” includes:

(i)Raw sequence data that result from sequencing of a consumer’s complete extracted DNA or a portion of the consumer’s complete extracted DNA;

(ii)Genotypic and phenotypic information that results from analyzing raw sequence data;

(iii)Information extrapolated, derived, or inferred from the analysis of raw sequence data; and

(iv)Self–reported health information submitted to a direct–to–consumer genetic testing company by a consumer regarding the consumer’s health conditions:

1. That is used for scientific research or product development; and

2. Analyzed in connection with the consumer’s raw sequence data.

(3)“Genetic data” does not include deidentified data.

(h)“Genetic testing” means a laboratory test of the complete DNA, regions of DNA, chromosomes, genes, or gene products of a consumer to determine the genetic characteristics of the consumer.

(i)“Marketing” does not include the providing customized content or offers on the websites or through the applications or services provided by the direct–to–consumer genetic testing company with the first–party relationship to the consumer.