Effective October 1, 2023, businesses selling consumer genetic testing products or services directly to a consumer residing in Montana, or collecting, using, or analyzing genetic data must:
- Provide the consumer with clear and complete information about the business’s policies and procedures for genetic data collection, use, or disclosure.
- Get a consumer’s initial express consent for the collection, use, or disclosure of their genetic data and its transfer or disclosure to anyone other than the business’s vendors and service providers.
- Develop, implement, and maintain a comprehensive security program to protect a consumer’s genetic data against unauthorized access, use, or disclosure.
The law doesn’t apply to protected health information collected by a covered entity, as defined by federal law, if the consumer’s separate, informed consent is obtained and when the business only uses genetic samples for research as allowed under federal law.
Effective October 1, 2023, employers can’t punish (i.e., retaliate or fire) job applicants or employees for expressing legal free speech on social media. This protection doesn’t apply to expressions that violate the employer’s written policy or an employee’s employment contract.