13-60-104. Consumer genetic information -- Privacy notice -- Consent -- Access -- Deletion -- Destruction.
(1) A direct-to-consumer genetic testing company shall: provide to a consumer: essential information about the company's collection, use, and disclosure of genetic data; and a prominent, publicly available privacy notice that includes information about the company's data collection, consent, use, access, disclosure, transfer, security, retention, and deletion practices; obtain a consumer's initial express consent for collection, use, or disclosure of the consumer's genetic data that: clearly describes the company's use of the genetic data that the company collects through the company's genetic testing product or service; specifies who has access to test results; and specifies how the company may share the genetic data; if the company engages in any of the following, obtain a consumer's: separate express consent for: the transfer or disclosure of the consumer's genetic data to any person other than the company's vendors and service providers; the use of genetic data beyond the primary purpose of the company's genetic testing product or service; or the company's retention of any biological sample provided by the consumer following the company's completion of the initial testing service requested by the consumer; informed consent in accordance with the Federal Policy for the Protection of Human Subjects, 45 C.F.R., for transfer or disclosure of the consumer's genetic data to a third party for: research purposes; or research conducted under the control of the company for the purpose of publication or generalizable knowledge; and express consent for: marketing to a consumer based on the consumer's genetic data; or marketing by a third party person to a consumer based on the consumer having ordered or purchased a genetic testing product or service; require valid legal process for the company's disclosure of a consumer's genetic data to law enforcement or any government entity without the consumer's express written consent; develop, implement, and maintain a comprehensive security program to protect a consumer's genetic data against unauthorized access, use, or disclosure; and provide a process for a consumer to: access the consumer's genetic data; delete the consumer's account and genetic data; and destroy the consumer's biological sample.
(2) Notwithstanding Subsection, a direct-to-consumer genetic testing company with a first-party relationship to a consumer may, without obtaining the consumer's express consent, provide customized content or offers on the company's website or through the company's application or service. (1)(c)(iii)