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Florida’s New DNA Privacy Protection Act Takes Effect

Publications / Nov 01, 2021

Article written by Haim Ravia and Dotan Hammer

Florida’s new Protecting DNA Privacy Act, which aims to limit the collection, retention, analysis, and disclosure of DNA samples and DNA analysis results, entered into effect at the beginning of October. The Act, signed into law last June, states that the use of an individual’s DNA sample without their consent constitutes a criminal offense.

According to the Act, a person is guilty of a misdemeanor when they willfully collect or retain another individual’s DNA sample for DNA analysis, without the individual’s consent; and guilty of a felony when they willfully analyze, submit for analysis, or procure the analysis of another individual’s DNA sample, or when they willfully disclose another individual’s DNA analysis results to a third party, without the consent of that individual. The act provides a few exemptions in which the use of another individual’s DNA sample without their consent is lawful, such as where it is necessary for a criminal investigation, or medical purposes, under certain circumstances.

CLICK HERE to read Florida’s Protecting DNA Privacy Act.