Terms Used In Montana Code > Title 30 > Chapter 23 - Genetic Information Privacy

• Biological sample: means any human material known to contain DNA, including tissue, blood, urine, or saliva. See Montana Code 30-23-102
• Consumer: means an individual who is a resident of this state. See Montana Code 30-23-102
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• DNA: means deoxyribonucleic acid. See Montana Code 30-23-102
• Entity: means a partnership, corporation, association, or public or private organization of any character that:

  (a)offers consumer genetic testing products or services directly to a consumer; or

  (b)collects, uses, or analyzes genetic data. See Montana Code 30-23-102

• Express consent: means a consumer's affirmative response to a clear, meaningful, and prominent notice regarding the collection, use, or disclosure of genetic data for a specific purpose. See Montana Code 30-23-102
• Genetic data: means any data, regardless of format, concerning a consumer's genetic characteristics. See Montana Code 30-23-102
• Genetic testing: means :

  (a)a laboratory test of a consumer's complete DNA, regions of DNA, chromosomes, genes, or gene products to determine the presence of genetic characteristics of a consumer; or

  (b)an interpretation of a consumer's genetic data. See Montana Code 30-23-102

• Governmental agency: means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state. See Montana Code 30-23-102
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, partnership, corporation, association, business, business trust, or legal representative of an organization. See Montana Code 30-23-102
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Processor: means a person that processes genetic data on behalf of an entity pursuant to a contract between the entity and the processor that prohibits the processor from retaining, using, or disclosing the genetic data, or any information regarding the identity of the consumer, including whether that consumer has solicited or received genetic testing, as applicable, for any purpose other than for the specific purpose of performing the services specified in the contract. See Montana Code 30-23-102
• Third party: means a person other than the consumer, entity, or processor. See Montana Code 30-23-102
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201