This bill aims to enhance the protection of genetic data for consumers in South Dakota by establishing clear definitions and requirements for direct-to-consumer genetic testing companies. It introduces new terms such as "biological sample," "consumer," "de-identified data," and "express consent," among others, to clarify the scope of the legislation. The bill mandates that these companies provide consumers with accessible privacy policies, obtain explicit consent for the collection and use of genetic data, and implement security measures to protect this sensitive information. Additionally, it requires companies to honor revocations of consent within thirty days and ensures that service providers are held to the same confidentiality standards as the testing companies.

Furthermore, the bill empowers the attorney general to impose civil penalties of up to five thousand dollars for violations of the outlined provisions. However, it also specifies certain exemptions, including protected health information collected by covered entities, biological samples obtained for medical purposes, and data used in research contexts that comply with federal regulations. This comprehensive approach seeks to safeguard consumer rights while balancing the needs of genetic testing companies and research entities.