This bill aims to enhance the protection of genetic data for consumers in South Dakota by establishing strict guidelines for direct-to-consumer genetic testing companies. It introduces definitions for key terms such as "biological sample," "consumer," "genetic data," and "service provider," and mandates that these companies provide clear privacy policies and obtain express consent from consumers before collecting, using, or disclosing their genetic data. The bill also requires companies to implement security measures to protect genetic data and provides consumers with the ability to access, delete, and revoke consent regarding their genetic information.
Additionally, the bill outlines the responsibilities of service providers working with genetic testing companies, ensuring they adhere to the same confidentiality obligations. It grants the attorney general the authority to impose civil penalties of up to $5,000 for violations of the established provisions. However, certain entities and situations are exempt from these regulations, including protected health information collected by covered entities, biological samples obtained for medical purposes, and research conducted in compliance with federal guidelines.