STAND. COM. REP. NO. 2983

Honolulu, Hawaii

RE: S.B. No. 2032

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committees on Commerce and Consumer Protection and Judiciary, to which was referred S.B. No. 2032, S.D. 1, entitled:

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

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Require direct-to-consumer genetic testing companies to adhere to certain requirements pertaining to the collection, use, and disclosure of genetic data; and

(2) Provide that any violation of the requirements be deemed an unfair or deceptive trade practice in accordance with section 480-2, Hawaii Revised Statutes.

Your Committees received testimony in support of this measure from the Department of Health and Coalition for Genetic Data Protection. Your Committees received testimony in opposition to this measure from one individual.

Your Committees find that self-administered DNA and ancestry tests have grown in popularity in recent years. Despite certain federal protections that address discrimination based on genetic information, there is no holistic protection against the widespread collection, dissemination, and use of the genetic information. State law also fails to adequately address what can be done with genetic data collected by companies that are not otherwise subject to applicable privacy laws. This measure therefore fills existing gaps in protection and extends important safeguards for the privacy, confidentiality, security, and integrity of a consumer's genetic data.

Your Committees have amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Commerce and Consumer Protection and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2032, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 2032, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Commerce and Consumer Protection and Judiciary,

________________________________ KARL RHOADS, Chair

________________________________ ROSALYN H. BAKER, Chair