Section 13-60-102 - DefinitionsAs 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.Amended by Chapter 327, 2023 General Session ,§ 27, eff. 5/3/2023.Added by Chapter 361, 2021 General Session ,§ 2, eff. 5/5/2021.Technically renumbered to avoid duplication of section number also enacted in HB314, Chapter 185, and HB202, Chapter 138.