Bill > HB3436

This bill establishes the Genetic Information Privacy Act to protect consumers' genetic data privacy. The bill defines key terms such as genetic data (which includes DNA sequencing, genetic characteristics, and self-reported health information), and applies to entities that offer genetic testing or collect and analyze genetic information. The legislation requires entities to provide clear privacy notices, obtain express consent from consumers before collecting, using, or sharing genetic data, and implement comprehensive security measures to protect genetic information. Entities must obtain specific consent for activities like transferring data to third parties, using data for research or marketing, or retaining biological samples. The bill prohibits disclosure of genetic data to health, life, or long-term care insurers, or employers without explicit consumer consent. It also mandates that genetic data of West Virginia residents cannot be stored in countries under U.S. sanctions. The Attorney General is granted sole enforcement authority, with the ability to pursue civil actions and recover damages up to $2,500 per violation, along with actual damages, costs, and attorney fees. The bill includes exceptions for certain research contexts and healthcare-related data collection, ensuring some flexibility while maintaining strong privacy protections.

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http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=3436&year=2025&sessiontype=RS&btype=bill