As used in this part:

(1) “Biological sample” means any human material known to contain DNA, including tissue, blood, urine, or saliva.

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Terms Used In Utah Code 13-60-102

  • company: means an entity that:
         (4)(a) offers consumer genetic testing products or services directly to consumers; or
         (4)(b) collects, uses, or analyzes genetic data that a consumer provides to the entity. See Utah Code 13-60-102
  • Consumer: means an individual who is a resident of the state. See Utah Code 13-60-102
  • Deidentified data: means data that:
         (3)(a) cannot reasonably be linked to an identifiable individual; and
         (3)(b) possessed by a company that:
              (3)(b)(i) takes administrative and technical measures to ensure that the data cannot be associated with a particular consumer;
              (3)(b)(ii) makes a public commitment to maintain and use data in deidentified form and not attempt to reidentify data; and
              (3)(b)(iii) enters into legally enforceable contractual obligation that prohibits a recipient of the data from attempting to reidentify the data. See Utah Code 13-60-102
  • DNA: means deoxyribonucleic acid. See Utah Code 13-60-102
  • Genetic data: includes :
              (7)(b)(i) raw sequence data that result from sequencing all or a portion of a consumer's extracted DNA;
              (7)(b)(ii) genotypic and phenotypic information obtained from analyzing a consumer's raw sequence data; and
              (7)(b)(iii) self-reported health information regarding a consumer's health conditions that the consumer provides to a company that the company:
                   (7)(b)(iii)(A) uses for scientific research or product development; and
                   (7)(b)(iii)(B) analyzes in connection with the consumer's raw sequence data. See Utah Code 13-60-102
  • Genetic testing: means :
         (8)(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 the consumer; or
         (8)(b) an interpretation of a consumer's genetic data. See Utah Code 13-60-102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) “Consumer” means an individual who is a resident of the state.
(3) “Deidentified data” means data that:

     (3)(a) cannot reasonably be linked to an identifiable individual; and
     (3)(b) possessed by a company that:

          (3)(b)(i) takes administrative and technical measures to ensure that the data cannot be associated with a particular consumer;
          (3)(b)(ii) makes a public commitment to maintain and use data in deidentified form and not attempt to reidentify data; and
          (3)(b)(iii) enters into legally enforceable contractual obligation that prohibits a recipient of the data from attempting to reidentify the data.
(4) “Direct-to-consumer genetic testing company” or “company” means an entity that:

     (4)(a) offers consumer genetic testing products or services directly to consumers; or
     (4)(b) collects, uses, or analyzes genetic data that a consumer provides to the entity.
(5) “DNA” means deoxyribonucleic acid.
(6) “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.
(7)

     (7)(a) “Genetic data” means any data, regardless of format, concerning a consumer’s genetic characteristics.
     (7)(b) “Genetic data” includes:

          (7)(b)(i) raw sequence data that result from sequencing all or a portion of a consumer’s extracted DNA;
          (7)(b)(ii) genotypic and phenotypic information obtained from analyzing a consumer’s raw sequence data; and
          (7)(b)(iii) self-reported health information regarding a consumer’s health conditions that the consumer provides to a company that the company:

               (7)(b)(iii)(A) uses for scientific research or product development; and
               (7)(b)(iii)(B) analyzes in connection with the consumer’s raw sequence data.
     (7)(c) “Genetic data” does not include deidentified data.
(8) “Genetic testing” means:

     (8)(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 the consumer; or
     (8)(b) an interpretation of a consumer’s genetic data.