Montana Code 30-23-105. Disclosure — when prohibited — when express consent required
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30-23-105. Disclosure — when prohibited — when express consent required. (1) The disclosure of genetic data pursuant to this part must comply with all state and federal laws for the protection of privacy and security.
Terms Used In Montana Code 30-23-105
- Consumer: means an individual who is a resident of this state. See Montana Code 30-23-102
- Entity: means a partnership, corporation, association, or public or private organization of any character that:
(a)offers consumer genetic testing products or services directly to a consumer; or
(b)collects, uses, or analyzes genetic data. See Montana Code 30-23-102
- Express consent: means a consumer's affirmative response to a clear, meaningful, and prominent notice regarding the collection, use, or disclosure of genetic data for a specific purpose. See Montana Code 30-23-102
- Genetic data: means any data, regardless of format, concerning a consumer's genetic characteristics. See Montana Code 30-23-102
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)Notwithstanding any other provisions in 30-23-104, an entity may not disclose a consumer‘s genetic data to any entity offering health insurance, life insurance, or long-term care insurance, or to any employer of the consumer without the consumer’s express consent.