This undoubtedly will affect the sharing of DNA information for genealogy and many other purposes. I suspect that GEDmatch.com will be affected, at least for any activities involving residents of California. The following is an extract from the jdsupra.com website, an online service that provides legal information to the legal community:
“With the focus of personal privacy increasing, it is unsurprising that additional laws are being proposed to increase privacy rights, including the California Privacy Rights Act initiative on the ballot this upcoming November. More immediately, the California legislature passed, and Governor Newsom signed, the Genetic Information Privacy Act (“GIPA”). GIPA specifically targets biometric information, due to the increase of genetic tracing services, like 23andMe and Ancestry.com. This law pertains to adding more protections to genetic privacy. Many questions arise following the passage of GIPA, such as what businesses are affected? What, if any, penalties or causes of action exist under this new law? How does this law work alongside the CCPA?
“WHAT IS IN THE LAW?
“The law requires notices and actual, express consent from consumers for direct-to-consumer genetic testing companies, and any other company that collects, uses, maintains, or discloses information collected from biometric samples, or from any other element concerning genetic material (i.e. genes). Regarding the express consent provision in particular, this requires that consent is provided for: (1) the use of data through the genetic testing product being provided, for those specific purposes; (2) the storage of the consumer’s biometric sample after testing is complete; (3) each use of the genetic data or sample beyond what was originally intended; (4) each transfer or disclosure to a third party other than service providers, including that third party’s name; and (5) any marketing based on the genetic data. In essence, unless a consumer explicitly opts in, these companies cannot store, use, or market based on the genetic information.”
You can read the full article at https://www.jdsupra.com/legalnews/california-enacts-the-genetic-privacy-82231/.