AB 1727: Crimes: unlawful use of DNA.

Existing law, the Genetic Information Privacy Act, requires a direct-to-consumer genetic testing company, as defined, to provide a consumer with certain information regarding the companys policies and procedures for the collection, use, maintenance, and disclosure, as applicable, of genetic data, and to obtain a consumers express consent for collection, use, or disclosure of the consumers genetic data, as specified. Existing law assesses a civil penalty not to exceed $1,000 for a negligent violation of these provisions, and a civil penalty between $1,000 and $10,000, inclusive, for a willful violation of these provisions.

The bill would exempt specified uses from its provisions, including use by law enforcement and institutes of higher education. This bill would specify that any person who willfully sells or transfers genetic data, without express consent, as defined, is guilty of a misdemeanor, punishable by up to one year in county jail, a fine not to exceed $1,000, or by both that fine and imprisonment. By creating a new crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.