Kentucky's Genetic Information Privacy Act Passes

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On April 8, Kentucky Governor Andrew Beshear (D) signed House Bill 502 into law.

The bill, introduced mid-February by a Republican-leaning bipartisan group of representatives (Rachel Roberts being the sole Democrat), defines a biological sample as items, such as tissue, blood, urine, or saliva known to contain DNA. The legislation requires consumers to have a process to access their genetic data, delete their account and genetic data, and request and obtain the destruction of their biological samples. It would also restrict how law enforcement personnel use DNA records voluntarily submitted to eliminate suspects.

Similar bills seeking to grant consumers greater control over their genetic materials have been introduced this year in Hawaii ( SB2032), Maryland ( SB766, HB866), and Minnesota ( SF2817, SF4182, HF4439). Maryland's HB866 passed in both the House and the Senate earlier this month; the governor now has until May 30 to veto the bill. The Kentucky bill, however, is the only one so far to be signed into law. California's own version of a genetic privacy bill, SB41, went into effect on January 1 of this year after being signed into law in October 2021.

Much of the language in the Kentucky bill, as well as the language in the Hawaii, Maryland, and Minnesota bills, was developed last fall at the Council of State Governments' Annual Meeting in September 2021, and the organization opted to include it in its state bill book on model legislation.

Kentucky's HB502 will go into effect on June 1.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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