On August 31, 2020, the California Senate passed SB 980,
establishing the Genetic Information Privacy Act (the Act).
Presented to Governor Gavin Newsom on September 9, 2020, the
Act would require direct-to-consumer genetic testing companies to
comply with certain privacy and data security provisions. Governor
Newsom has until September 30, 2020 to sign the Act into law.
Whether the Act is ultimately signed into law and made a part of
the California privacy landscape remains to be seen. Yet the
Genetic Information Privacy Act is the latest effort by The Golden
State to impose additional data privacy restrictions and extend
rights to consumers concerning personal information.
The Act would require that any "direct-to-consumer genetic
testing company" – defined as any companies that sells,
markets, interprets, or otherwise offers consumer-initiated genetic
testing products or services directly to consumers, or analyzes
genetic data obtained from consumers (except by