Lexology August 7, 2023
Constangy Brooks Smith & Prophete LLP

This year has proven to be active in terms of state privacy legislation. In addition to Montana’s Consumer Data Privacy Act, the state has now passed a Genetic Information Privacy Act.

Montana defines “genetic data” as any data, regardless of format, concerning a consumer’s genetic characteristics. Specifically, it includes the following:

  • Raw sequence data that result from sequencing all or a portion of a consumer’s extracted DNA.
  • Genotypic and phenotypic information obtained from analyzing a consumer’s raw sequence data.
  • Self-reported health information regarding a consumer’s health conditions that the consumer provides to an entity that uses the information for scientific research or product development, and analyzes it in connection with the consumer’s raw sequence data.

Effective October 1,...

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