Privacy Law Library

New Jersey Genetic Privacy Act

NJ Genetic Privacy Act

Genetic · Health

New Jersey's Genetic Privacy Act treats genetic information as the individual's own: it may not be obtained, kept, or disclosed without informed consent, subject to listed law-enforcement, paternity, court-order, newborn-screening, and anonymous-research exceptions. People can ask for their DNA samples to be destroyed and can inspect and correct their genetic records.

Where
New Jersey
Citation
N.J.S.A. 10:5-43 to 10:5-49; P.L.1996, c.126
Status
In force
Enforced by
Criminal prosecution (disorderly persons offense); private civil action by the individual
People can sue
Yes
Penalties
Violations of 10:5-45 to 10:5-48 are disorderly persons offenses punishable by a $1,000 fine, six months in prison, or both; willful disclosure to a third party is punishable by a $5,000 fine, one year in prison, or both. Anyone who unlawfully discloses genetic information is liable to the individual for actual damages, including economic, bodily, or emotional harm (10:5-49).
Applies to
  • Any person who obtains, retains, or discloses genetic information or DNA samples of an individual (10:5-45 to 10:5-47)
  • Life and disability income insurers follow the Insurance Information Practices Act (N.J.S.A. 17:23A-1 et seq.) for consent and access (10:5-45(b), 10:5-46(e))

Rights it gives people

  • Destroy a DNA sample promptly on the individual's request; destroy research samples at project end or withdrawal, and insurance or employment samples once their purpose is met.N.J.S.A. 10:5-46(b)-(d)
  • Individuals may inspect, request correction of, and obtain their genetic information from records.N.J.S.A. 10:5-46(e)

Practices it requires

  • Obtain informed consent (under Department of Health rules) before obtaining genetic information from an individual or their DNA sample.N.J.S.A. 10:5-45
  • Do not retain an individual's genetic information without informed-consent authorization, except for listed criminal, paternity, court-ordered, DNA databank, or anonymous research purposes.N.J.S.A. 10:5-46(a)
  • Do not disclose genetic information, or the identity of a person tested, in an identifying way except under listed exceptions such as signed consent, court order, or newborn screening; the limit also binds later re-disclosures.N.J.S.A. 10:5-47

Sources

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

Unverified: The 1996 chapter law is not online at pub.njleg.state.nj.us, so the effective date of P.L.1996, c.126 was not confirmed. | N.J.S.A. 10:5-43 (findings), 10:5-44 (definitions), and 10:5-48 (rulemaking) were not retrieved. | Genetic-information discrimination provisions elsewhere (such as the Law Against Discrimination and insurance code) were not reviewed.

Research reference, not legal advice.