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Assembly Bill A8847

2017-2018 Legislative Session

Relates to prohibiting the distribution of consumer's DNA profiles submitted to direct-to-consumer genetic testing companies

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Archive: Last Bill Status - In Assembly Committee

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2017-A8847 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §399-dddd, Gen Bus L

2017-A8847 (ACTIVE) - Summary

Relates to prohibiting the distribution of consumers' DNA profiles submitted to direct-to-consumer genetic testing companies; requires such companies to provide a copy of their privacy policy to any consumer that submits a DNA sample; provides for civil penalties for violations of such provisions.

2017-A8847 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8847
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 22, 2017
                                ___________
 
 Introduced  by  M. of A. OTIS -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to prohibiting the
   distribution of consumer's DNA profiles submitted to direct-to-consum-
   er genetic testing companies

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-dddd to read as follows:
   §  399-DDDD.  CONFIDENTIALITY OF CONSUMER DNA PROFILE. 1. FOR PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "CONSUMER DNA PROFILE" MEANS  ANY  DNA  SAMPLE  COLLECTED  FROM  A
 CONSUMER BY A DIRECT-TO-CONSUMER GENETIC TESTING COMPANY.
   (B)  "DIRECT-TO-CONSUMER  GENETIC  TESTING  COMPANY" MEANS ANY COMPANY
 THAT PROVIDES GENETIC TESTING DIRECTLY TO CONSUMERS.
   (C) "CONSUMER DNA DATABASE" MEANS A DIRECT-TO-CONSUMER GENETIC TESTING
 COMPANY'S ELECTRONIC DATABASE CONTAINING  DNA  PROFILES  GENERATED  FROM
 CONSUMER DNA SAMPLES.
   2. NO DIRECT-TO-CONSUMER GENETIC TESTING COMPANY, OR ANY OTHER PERSON,
 FIRM,  PARTNERSHIP,  ASSOCIATION OR CORPORATION, SHALL DISTRIBUTE TO ANY
 THIRD PARTY A CONSUMER'S DNA PROFILE WITHOUT FIRST RECEIVING THE CONSENT
 OF SUCH CONSUMER OR  REMOVING  ALL  IDENTIFYING  INFORMATION  FROM  SUCH
 CONSUMER'S DNA PROFILE.
   3.  ALL  DIRECT-TO-CONSUMER GENETIC TESTING COMPANIES SHALL MAINTAIN A
 PRIVACY POLICY ON THEIR WEBSITE AND SHALL DISTRIBUTE EITHER A WRITTEN OR
 ELECTRONIC COPY OF SUCH PRIVACY POLICY TO EVERY CONSUMER THAT PROVIDES A
 DNA SAMPLE TO SUCH COMPANIES.  SUCH PRIVACY POLICY  SHALL  INCLUDE,  BUT
 SHALL  NOT  BE  LIMITED  TO,  A  STATEMENT THAT ANY CONSUMER DNA SAMPLES
 COLLECTED WILL NOT BE DISTRIBUTED TO  A  THIRD  PARTY,  AS  PROVIDED  IN
 SUBDIVISION TWO OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13872-01-7

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