Genetic information: privacy.

Existing law prohibits discrimination on the basis of an individual's genetic information. Existing law protects the genetic test result contained in the medical records of an applicant to, or enrollee of, a health care service plan. Existing law establishes civil and criminal penalties for the negligent or willful disclosure of a persons genetic test results, as specified. This bill would enact the Genetic Information Privacy Act, which would declare that an individual's genetic information is protected by the right of privacy. The bill would prohibit any person from obtaining or analyzing a DNA sample, as defined, without the written authorization of the individual to whom the DNA sample pertains, and would include related findings and declarations. It also would prescribe specific circumstances under which a DNA sample may be obtained, stored, or analyzed, or genetic test results disclosed, without the authorization. The bill would establish civil and criminal penalties for a violation of its provisions. By creating new crimes, this 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 for a specified reason.