Genetic Information Privacy Act
Nebraska GIPA
Genetic
Enacted by LB308 (2024), this law regulates consumer DNA testing companies. It requires privacy notices, layered express consent for uses, transfers, sample retention, research, and marketing, a comprehensive security program, and consumer rights to access and delete genetic data and have samples destroyed.
- Where
- Nebraska
- Citation
- Neb. Rev. Stat. 87-901 to 87-904
- Status
- In force
- In force since
- 2024-07-19
- Enforced by
- Nebraska Attorney General
- People can sue
- No
- Penalties
- Civil penalty of $2,500 per violation, plus actual damages to the consumer and the Attorney General's costs and reasonable attorney's fees (87-903(3)).
- Applies to
- Direct-to-consumer genetic testing companies that offer genetic testing products or services directly to Nebraska consumers, or that collect, use, or analyze genetic data from such products provided by a consumer (87-902(2)-(3))
- Excludes entities solely engaged in regulated human subjects research, and HIPAA protected health information held by covered entities and business associates (87-902(3), 87-904)
What a privacy notice must say
- Provide a high-level privacy policy overview and a prominent, publicly available privacy notice covering collection, consent, use, access, disclosure, transfer, security, retention, and deletion of genetic data.Neb. Rev. Stat. 87-903(1)(a)
Rights it gives people
- Consumers may access their genetic data, delete their account and genetic data, and obtain written verification that their biological sample was destroyed.Neb. Rev. Stat. 87-903(1)(e)
Practices it requires
- Obtain initial express consent describing intended uses, who can access results, and how data may be shared.Neb. Rev. Stat. 87-903(1)(b)(i)
- Obtain separate express consent to transfer or disclose genetic data beyond vendors and service providers, to use it for new purposes, and to retain the biological sample after testing.Neb. Rev. Stat. 87-903(1)(b)(ii)-(iii)
- Obtain Common Rule informed consent for research transfers or company research, and express consent for marketing based on genetic data.Neb. Rev. Stat. 87-903(1)(b)(iv)-(v)
- Require a court order before disclosing genetic data to any government agency, including law enforcement, absent the consumer's express written consent.Neb. Rev. Stat. 87-903(1)(c)
- Do not disclose genetic data to health, life, or long-term care insurers or to the consumer's employer without written consent.Neb. Rev. Stat. 87-903(2)
Security duties
- Develop, implement, and maintain a comprehensive security program to protect genetic data.Neb. Rev. Stat. 87-903(1)(d)
Sources
- Official text
- Neb. Rev. Stat. 87-901 to 87-904 (Nebraska Legislature)
- Neb. Rev. Stat. 87-903 (Nebraska Legislature)
- Revisor cross-reference table of effective dates, 2024 session (LB308: July 19, 2024)
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Research reference, not legal advice.