Privacy Law

September Legislative Update

By Mallory Jensen

The California Legislature recently unanimously passed SB 41, a bill that our committee has been following. As previously described here, SB 41 would require a direct-to-consumer genetic testing company (e.g., 23andme) to provide consumers with certain information on the company’s use of genetic data, as well as to obtain express consent for collecting and using such data. It also requires genetic testing companies to provide a way for consumers to revoke their consent, and to implement “reasonable security practices and procedures” to protect the genetic data. SB 41 now goes to Governor Newsom for his signature.

In addition, the Privacy Section’s Legislation Committee is planning to set up a working group to draft recommendations regarding CPRA regulations. The California Privacy Protection Agency has recently released an invitation for preliminary comments that will serve as a starting point for the group’s discussion. Watch this space and your email inboxes for an invitation to complete a survey of interest and relevant expertise as we start to form the group.

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