“Biological sample” means any human material known to contain DNA, including tissue, blood, urine, or saliva.
Terms Used In Utah Code 13-60-102
company: means an entity that:
(a)
offers consumer genetic testing products or services directly to consumers; or
(b)
collects, uses, or analyzes genetic data that a consumer provides to the entity. See Utah Code 13-60-102
Consumer: means an individual who is a resident of the state. See Utah Code 13-60-102
Deidentified data: means data that:
(a)
cannot reasonably be linked to an identifiable individual; and
(b)
possessed by a company that:
(i)
takes administrative and technical measures to ensure that the data cannot be associated with a particular consumer;
(ii)
makes a public commitment to maintain and use data in deidentified form and not attempt to reidentify data; and
(iii)
enters into legally enforceable contractual obligation that prohibits a recipient of the data from attempting to reidentify the data. See Utah Code 13-60-102
raw sequence data that result from sequencing all or a portion of a consumer's extracted DNA;
(ii)
genotypic and phenotypic information obtained from analyzing a consumer's raw sequence data; and
(iii)
self-reported health information regarding a consumer's health conditions that the consumer provides to a company that the company:
(A)
uses for scientific research or product development; and
(B)
analyzes in connection with the consumer's raw sequence data. See Utah Code 13-60-102
Genetic testing: means :
(a)
a laboratory test of a consumer's complete DNA, regions of DNA, chromosomes, genes, or gene products to determine the presence of genetic characteristics of the consumer; or
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)
“Consumer” means an individual who is a resident of the state.
(3)
“Deidentified data” means data that:
(a)
cannot reasonably be linked to an identifiable individual; and
(b)
possessed by a company that:
(i)
takes administrative and technical measures to ensure that the data cannot be associated with a particular consumer;
(ii)
makes a public commitment to maintain and use data in deidentified form and not attempt to reidentify data; and
(iii)
enters into legally enforceable contractual obligation that prohibits a recipient of the data from attempting to reidentify the data.
(4)
“Direct-to-consumer genetic testing company” or “company” means an entity that:
(a)
offers consumer genetic testing products or services directly to consumers; or
(b)
collects, uses, or analyzes genetic data that a consumer provides to the entity.
(5)
“DNA” means deoxyribonucleic acid.
(6)
“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.
(7)
(a)
“Genetic data” means any data, regardless of format, concerning a consumer’s genetic characteristics.
(b)
“Genetic data” includes:
(i)
raw sequence data that result from sequencing all or a portion of a consumer’s extracted DNA;
(ii)
genotypic and phenotypic information obtained from analyzing a consumer’s raw sequence data; and
(iii)
self-reported health information regarding a consumer’s health conditions that the consumer provides to a company that the company:
(A)
uses for scientific research or product development; and
(B)
analyzes in connection with the consumer’s raw sequence data.
(c)
“Genetic data” does not include deidentified data.
(8)
“Genetic testing” means:
(a)
a laboratory test of a consumer’s complete DNA, regions of DNA, chromosomes, genes, or gene products to determine the presence of genetic characteristics of the consumer; or
