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Utah Code § 13-60-102

Definitions

Amended by Chapter 327, 2023 General Session

As used in this part:

(1) "Biological sample" means any human material known to contain DNA, including tissue, blood, urine, or saliva.

(2) "Consumer" means an individual who is a resident of the state.

(3) "Deidentified data" means data that:

(a) cannot reasonably be linked to an identifiable individual; and

(b) possessed by a company that:

(i) takes administrative and technical measures to ensure that the data cannot be associated with a particular consumer;

(ii) makes a public commitment to maintain and use data in deidentified form and not attempt to reidentify data; and

(iii) enters into legally enforceable contractual obligation that prohibits a recipient of the data from attempting to reidentify the data.

(4) "Direct-to-consumer genetic testing company" or "company" means an entity that:

(a) offers consumer genetic testing products or services directly to consumers; or

(b) collects, uses, or analyzes genetic data that a consumer provides to the entity.

(5) "DNA" means deoxyribonucleic acid.

(6) "Express consent" means a consumer's affirmative response to a clear, meaningful, and prominent notice regarding the collection, use, or disclosure of genetic data for a specific purpose.

(7)

(a) "Genetic data" means any data, regardless of format, concerning a consumer's genetic characteristics.

(b) "Genetic data" includes:

(i) raw sequence data that result from sequencing all or a portion of a consumer's extracted DNA;

(ii) genotypic and phenotypic information obtained from analyzing a consumer's raw sequence data; and

(iii) self-reported health information regarding a consumer's health conditions that the consumer provides to a company that the company:

(A) uses for scientific research or product development; and

(B) analyzes in connection with the consumer's raw sequence data.

(c) "Genetic data" does not include deidentified data.

(8) "Genetic testing" means:

(a) a laboratory test of a consumer's complete DNA, regions of DNA, chromosomes, genes, or gene products to determine the presence of genetic characteristics of the consumer; or

(b) an interpretation of a consumer's genetic data.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.