SB49 — Changes to Existing Law | SD Legislature Tracker

NEW SECTION added to Chapter 37-24

Terms used in this Act mean: (1) "Biological sample," any part of a human that is known to contain deoxyribonucleic acid; (2) "Consumer," an individual who is a resident of this state; (3) "De-identified data," genetic data that cannot reasonably be used to infer information about, or otherwise be linked to, an identifiable consumer; (4) "Direct-to-consumer genetic testing company," an entity that: (a) Offers genetic testing products or services directly to consumers; or (b) Analyzes, collects, or uses genetic data collected via a direct-to-consumer genetic testing product or service that is provided to the company by the consumer; (5) "Express consent," an affirmative written response, which may be presented and captured electronically; (6) "Genetic data," data other than de-identified data, regardless of format, which concerns a consumer's genetic characteristics; and (7) "Service provider," a person that: (a) Is involved in the collection, transportation, or analysis of, or any other service in connection with, a consumer's biological sample or genetic data, on behalf of a direct-to-consumer genetic testing company; (b) Collects, uses, maintains, or discloses biological samples or genetic data, collected or derived from a direct-to-consumer genetic testing product or service, or directly provided by the consumer; or (c) Delivers the results of the analysis of a biological sample or genetic data. 1