STAND. COM. REP. NO. 1434-22

Honolulu, Hawaii

, 2022

RE: S.B. No. 2032

S.D. 2

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 2032, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO GENETIC INFORMATION PRIVACY,"

begs leave to report as follows:

The purpose of this measure is to protect the privacy and confidentiality of genetic data of consumers who use the products or services of direct-to-consumer genetic testing companies by requiring these companies to adhere to certain requirements pertaining to the collection, use, and disclosure of genetic data.

Your Committee received testimony in support of this measure from the Department of Commerce and Consumer Affairs and Office of Hawaiian Affairs. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Coalition for Genetic Data Protection.

Your Committee finds that as the number of companies offering direct-to-consumer genetic tests grows, serious concerns about the privacy of consumers' genetic information have arisen. Outside of state and federal health privacy laws, which generally do not apply to direct-to-consumer genetic testing companies, there is little oversight or regulation of what these companies may do with the genetic material collected. This measure ensures a consumer's genetic information privacy is protected by establishing certain express consent requirements pertaining to the collection, use, and disclosure of genetic data by direct-to-consumer genetic testing companies.

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2032, S.D. 2, H.D. 1, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

AARON LING JOHANSON, Chair