Senate Bill 351 for An Act revising Laws related to Biometric Privacy; creating the Genetic Information Privacy Act; requiring a Company to provide Consumer Information regarding the Collection, Use, and Disclosure of Genetic Data; providing for Limitations and Exclusions; providing for Enforcement Authority; and providing Definitions (the Act) was signed, on June 7, 2023, by the Governor of Montana, and thereafter assigned Chapter Number 768, on June 8, 2023.

In particular, the Act would provide some definitions, such as for 'genetic data,' 'genetic testing,' 'express consent,' and 'consumer,' and establishes obligations for organizations collecting genetic data, such as:

• to provide clear and complete information regarding the company's policies and procedures for the collection, use, or disclosure of genetic data;
• to obtain a consumer's initial express consent for the collection, use, or disclosure of the consumer's genetic data;
• to obtain a consumer's separate express consent for, among others, the transfer or disclosure of the consumer's genetic data to any person other than the company's vendors and service providers; and
• to develop, implement, and maintain a comprehensive security program to protect a consumer's genetic data against unauthorized access, use, or disclosure.

Furthermore, the Act provides that the Attorney General has the sole authority to enforce its provisions, may initiate a civil action against a person for such violations, and may recover up to $2,500 for each violation.

You can read the bill here and track its progress here.