Privacy Law Library

Genetic Information Privacy Act (direct-to-consumer genetic testing)

RI GIPA

Genetic · Health · Marketing

Enacted in June 2026 and effective on passage, this law regulates consumer genetic testing companies such as ancestry and health DNA services. They must publish plain-language privacy information, get separate express consent for each use, storage, transfer and genetic-based marketing, let consumers access and delete data and destroy samples, secure genetic data, and not share it with insurers or employers.

Where
Rhode Island
Citation
R.I. Gen. Laws §§ 6-63-1 to 6-63-7 (P.L. 2026, ch. 222 and ch. 223)
Status
In force
In force since
2026-06-19
Enforced by
Rhode Island Attorney General (exclusive)
People can sue
No
Penalties
Negligent violations: civil penalty up to $1,000 plus court costs; willful violations: $1,000 to $10,000 plus costs. Each violation is separate. Only the Attorney General may sue, and penalties recovered are paid to the individual whose genetic data is at issue (§ 6-63-4).
Applies to
  • Direct-to-consumer genetic testing companies: entities that sell, market, interpret or offer consumer-initiated genetic tests, analyze a consumer's genetic data (other than licensed clinicians diagnosing or treating), or collect, use, keep or disclose genetic data from DTC tests or provided directly by consumers
  • Rhode Island residents are the protected consumers
  • Excludes HIPAA and ch. 5-37.3 medical information and entities handling genetic data like medical information, IRB-governed nonprofit postsecondary research, newborn screening, diagnostic tests handled as medical information, and employer data needed for workplace health and safety compliance

What a privacy notice must say

  • Make available a plain-language summary of privacy practices, a prominent privacy notice covering collection, consent, use, access, disclosure, transfer, security, retention and deletion and how to file a complaint, and notice that de-identified data may be shared for research under 45 CFR Part 46.R.I. Gen. Laws § 6-63-3(a)(1)

Rights it gives people

  • Provide easy mechanisms to revoke consent, honor revocation within 30 days, and destroy the biological sample within 30 days after consent to store it is revoked.R.I. Gen. Laws § 6-63-3(a)(2)(v)(D), (b)
  • Enable consumers to easily access their genetic data, delete their account and genetic data (except data legally required to be kept), and have their biological sample destroyed.R.I. Gen. Laws § 6-63-3(c)(2)

Practices it requires

  • Do not disclose genetic data to entities that administer or decide health, life, long-term care or disability insurance or employment (or advise them), subject to a narrow exception for entities not primarily in those businesses with walled-off access.R.I. Gen. Laws § 6-63-3(e)
  • Do not discriminate against consumers for exercising rights, including by denying goods, charging different prices, reducing quality, or treating the exercise of rights as suspicion of wrongdoing.R.I. Gen. Laws § 6-63-3(d)
  • Obtain separate express consent for use of genetic data, storage of the biological sample after testing, each secondary use, each transfer to a named third party (other than a service provider), and marketing based on genetic data or test purchase; consent obtained through dark patterns is invalid.R.I. Gen. Laws §§ 6-63-2(6), 6-63-3(a)(2)

Security duties

  • Implement and maintain reasonable security procedures and practices protecting genetic data against unauthorized access, destruction, use, modification or disclosure.R.I. Gen. Laws § 6-63-3(c)(1)

Other duties

  • Contracts with service providers must bar them from retaining, using, disclosing or combining samples, genetic data or consumer identity beyond the contracted services.R.I. Gen. Laws § 6-63-2(10)

Sources

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

Unverified: The chapter was not yet posted in the online General Laws (Title 6 index checked 2026-09-25); section numbers are taken from the enacted public law text and may be renumbered by the Law Revision Office. | Effective date assumes 'effective upon passage' means the 06/19/2026 enactment date shown on the public law; the Governor's signing date was reported by a secondary news source (VitalLaw) and not confirmed on an official page. | Companion Senate act P.L. 2026, ch. 222 (2026-S 2203) was not fetched; assumed identical.

Research reference, not legal advice.