In a Law360 article, health care partner David Peloquin (Boston) and health care associate Elana Bengualid (New York) examine Florida’s Protecting DNA Privacy Act that took effect on Oct. 1.
The act clarifies the extent to which individuals in Florida own their genetic information, and it creates new crimes for the unlawful collection, retention, analysis, disclosure or sale of an individual's DNA sample and the results of a DNA analysis, subject to certain limited exemptions, such as use for specified clinical or research purposes. The act also has important implications for secondary uses of data by health care providers and others that perform genetic testing and analyze genetic information.
The authors note that going forward, health care providers and other businesses should assess their current practices with respect to the collection or analysis of DNA samples collected from individuals in Florida and use of the results of the analysis of such samples to determine whether they need to modify their consent practices to comply with the act or whether their practices fall under one of the act's exemptions.
Regarding the use and disclosure for secondary purposes of the results of DNA analysis, businesses should evaluate whether such uses fall within one of the act's exemptions or will require additional consent of the individual to whom the information pertains.
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