Genetic Information Privacy Act.

Existing law prohibits discrimination on the basis of genetic information under various provisions of law, including, among others, the Unruh Civil Rights Act and the California Fair Employment and Housing Act. Existing law prohibits discrimination in the enrollment of health insurance plans on the basis of an individual's genetic characteristics, as defined. Existing law also imposes prohibitions on the disclosure by a health care service plan of the results of a test for a genetic characteristic contained in an applicant's or enrollee's medical records. This bill would establish the Genetic Information Privacy Act, which would provide that an individual's genetic information, as defined, is protected by the right of privacy, as specified. The bill would, notwithstanding any other law, prohibit any person, as defined, from obtaining, analyzing, or disclosing genetic information without the written authorization of the individual to whom the information pertains, as specified. The bill would establish civil and criminal penalties for a violation of this prohibition, as specified. The bill would require a separate written authorization for each separate disclosure of an individual's genetic information. The bill would also provide a written authorization form to be used to obtain the written authorization described above. This bill would exempt certain individuals from the prohibitions and penalties described above, including, among others, law enforcement officials in the execution of their official duties, as specified, and hospitals, laboratories, and physicians carrying out court-ordered tests. The bill would permit disaggregated and anonymized data, as defined, that was collected before the bill's enactment to be used, as specified, without the authorization described above. The bill would also permit the use of disaggregated and anonymized data, as specified, if the written authorization described above is obtained and the data is used for a purpose authorized by the individual to whom the information pertains. By creating new crimes, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act because it creates new crimes.