October 22, 2021

Volume XI, Number 295

Advertisement
Advertisement

October 21, 2021

Subscribe to Latest Legal News and Analysis

October 20, 2021

Subscribe to Latest Legal News and Analysis

October 19, 2021

Subscribe to Latest Legal News and Analysis

Florida’s Protecting DNA Privacy Act Goes into Effect

On October 1, 2021, Florida’s Protecting DNA Privacy Act (the “Act”), took effect. The Act, signed into law by Governor Ron DeSantis on June 29, restricts certain willful collection, retention, analysis and disclosure of the DNA samples or DNA analysis results of persons in Florida without their express consent.

Under the law, a person is guilty of a misdemeanor when, without express consent, they willfully collect or retain another individual’s DNA sample with the intent to perform DNA analysis. A person is guilty of a felony when, without express consent, they willfully analyze, submit for analysis, or procure the analysis of another individual’s DNA sample. Under the law, it is a felony to willfully disclose another individual’s DNA analysis results to a third party without the individual’s express consent; though this does not apply to disclosing another individual’s DNA analysis results that were previously voluntarily disclosed by the individual or the individual’s legal guardian or authorized representative. The Act further makes the sale or transfer of another individual’s DNA sample or DNA analysis results to a third party a felony, regardless of whether the DNA sample was originally collected, retained or analyzed with express consent.

The law provides exceptions for DNA samples and analyses in a number of contexts, including for purposes of criminal investigations or prosecutions; compliance with a subpoena, summons or other lawful court order; compliance with federal law; a designated newborn screening program; certain paternity determinations under relevant laws; and certain research, including utilizing certain deidentified information, under applicable federal regulations. The Act additionally contains an exception for medical diagnoses, quality assessments, improvement activities and patient treatments when (1) the health care practitioner who collected the DNA sample obtained express consent for clinical laboratory analysis; or (2) the analysis is performed by a clinical laboratory certified by the Centers for Medicare and Medicaid Services.

Copyright © 2021, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume XI, Number 285
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

In today’s digital economy, companies face unprecedented challenges in managing privacy and cybersecurity risks associated with the collection, use and disclosure of personal information about their customers and employees. The complex framework of global legal requirements impacting the collection, use and disclosure of personal information makes it imperative that modern businesses have a sophisticated understanding of the issues if they want to effectively compete in today’s economy.

Hunton Andrews Kurth LLP’s privacy and cybersecurity practice helps companies manage data and...

212 309 1223 direct
Advertisement
Advertisement
Advertisement