(a) To safeguard the privacy, confidentiality, security, and integrity of a consumerâs genetic data, a direct-to-consumer genetic testing company shall do both of the following: (1) Provide clear and complete information regarding the companyâs policies and procedures for the collection, use, maintenance, and disclosure, as applicable, of genetic data by making available to a consumer all of the following: (A) A summary of its privacy practices, written in plain language, that includes information about the companyâs collection, use, maintenance, and disclosure, as applicable, of genetic data. (B) A prominent and easily accessible privacy notice that includes, at a minimum, complete information about the companyâs data collection, consent, use, access, disclosure, maintenance, transfer, security, and retention and deletion practices, and information that clearly describes how to file a complaint alleging a violation of this chapter, pursuant to subdivision (c) of Section 56.182. (C) A notice that the consumerâs deidentified genetic or phenotypic information may be shared with or disclosed to third parties for research purposes in accordance with Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations. (2) Obtain a consumerâs express consent for collection, use, and disclosure of the consumerâs genetic data, including, at a minimum, separate and express consent for each of the following: (A) The use of the genetic data collected through the genetic testing product or service offered to the consumer, including who has access to genetic data, and how genetic data may be shared, and the specific purposes for which it will be collected, used, and disclosed. (B) The storage of a consumerâs biological sample after the initial testing requested by the consumer has been fulfilled. (C) Each use of genetic data or the biological sample beyond the primary purpose of the genetic testing or service and inherent contextual uses. (D) Each transfer or disclosure of the consumerâs genetic data or biological sample to a third party other than to a service provider, including the name of the third party to which the consumerâs genetic data or biological sample will be transferred or disclosed. (E) (i) The marketing or facilitation of marketing to a consumer based on the consumerâs genetic data or the marketing or facilitation of marketing by a third party based upon the consumer having ordered, purchased, received, or used a genetic testing product or service. (ii) This subparagraph does not require a direct-to-consumer genetic testing company to obtain a consumerâs express consent to market to the consumer on the companyâs own website or mobile application based upon the consumer having ordered, purchased, received, or used a genetic testing product or service from that company if the content of the advertisement does not depend upon any information specific to that consumer, except for the product or service that the consumer ordered, purchased, received, or used, and the placement of the advertisement is not intended to result in disparate exposure to advertising content on the basis of any characteristic specified in Section 51. Nothing in this subparagraph alters, limits, or negates the requirements of any other antidiscrimination law or targeted advertising law. (iii) Any advertisement of a third-party product or service presented to a consumer pursuant to either clause (i) or (ii) shall be prominently labeled as advertising content and be accompanied by the name of any third party that has contributed to the placement of the advertising. If applicable, the advertisement also shall clearly indicate that the advertised product or service, and any associated claims, have not been vetted or endorsed by the direct-to-consumer genetic testing company. (F) For the purpose of this paragraph, âthird partyâ does not include a public or private nonprofit postsecondary educational instituti
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