No direct-to-consumer genetic testing company shall disclose a consumer‘s genetic data to any entity that is responsible for administering or making decisions regarding health insurance, life insurance, long-term care insurance, disability insurance, or employment or any entity that provides advice to such an entity without the consumer’s express consent.

Terms Used In Virginia Code 59.1-599

  • Consumer: means a natural person who is a resident of the Commonwealth. See Virginia Code 59.1-593
  • Direct-to-consumer genetic testing company: means an entity that (i) offers consumer-initiated genetic testing products or services directly to a consumer or (ii) collects, uses, or analyzes genetic data that is collected or derived from a direct-to-consumer genetic testing product or service and is directly provided by a consumer. See Virginia Code 59.1-593
  • Express consent: means a consumer's affirmative authorization to grant permission in response to a clear, meaningful, and prominent notice regarding the collection, use, maintenance, or disclosure of genetic data for a specific purpose. See Virginia Code 59.1-593
  • Genetic data: includes uninterpreted data that results from the analysis of the biological sample and any information extrapolated, derived, or inferred therefrom. See Virginia Code 59.1-593
  • Genetic testing: means any laboratory test of a biological sample from a consumer for the purpose of determining information concerning genetic material contained within the biological sample, or any information extrapolated, derived, or inferred therefrom. See Virginia Code 59.1-593

2023, c. 526.

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