Privacy Law Library

Genetic Information Consent Requirement

MN Genetic Information (13.386)

Genetic · Government records · Health

Requires written informed consent before anyone, whether a government entity or any other person, collects genetic information about an individual, and limits its use, storage period, and dissemination to what the individual consented to. Dissemination consents must be signed and dated and generally last no more than one year. Genetic information held by government is private data.

Where
Minnesota
Citation
Minn. Stat. 13.386
Status
In force
Enforced by
Remedies under the Minnesota Government Data Practices Act, chapter 13 (see 325F.995, subd. 6)
People can sue
Limited
Penalties
The section itself states no penalty; chapter 13 remedies apply to violations (for government entities, civil damages and injunctive relief under chapter 13). How chapter 13 remedies apply to private persons was not confirmed.
Applies to
  • Government entities and 'any other person' that collects, uses, stores, or disseminates genetic information about an identifiable individual, unless otherwise expressly provided by law (13.386, subd. 3)
  • Newborn screening under 144.125 to 144.128 is subject to the consent rules; programs under 144.192 are not (subd. 3(b))

Practices it requires

  • Collect genetic information only with the individual's written informed consent, use it only for consented purposes, and store it only for the consented period.Minn. Stat. 13.386, subd. 3(a)(1)-(3) · Only if: Unless otherwise expressly provided by law
  • Disseminate genetic information only with signed and dated written informed consent (valid up to one year unless law provides otherwise) or as necessary for the consented purposes.Minn. Stat. 13.386, subd. 3(a)(4)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Whether the civil remedies in Minn. Stat. 13.08 reach private (non-government) persons that violate 13.386, subd. 3 was not confirmed. | Effective date of Laws 2006, ch. 253, s. 4 not verified.

Research reference, not legal advice.