Privacy Law Library

Oregon Genetic Privacy Act

Oregon Genetic Privacy Act

Genetic · Health

Treats genetic information and DNA samples as private property of the individual in practice: they may not be obtained without informed consent, must be kept confidential, and may not be disclosed in identifiable form without specific written consent except in narrow cases. It carries some of the highest statutory damages of any state genetic privacy law.

Where
Oregon
Citation
ORS 192.531 to 192.549
Status
In force
Enforced by
Oregon Attorney General and district attorneys (ORS 192.545); Oregon Health Authority rules (ORS 192.547); private actions (ORS 192.541)
People can sue
Yes
Penalties
Private action by the individual, blood relative, representative or estate: for unlawful obtaining or disclosure, the greater of actual damages or $1,000 to $250,000 per violation depending on culpability; for retention or research-use violations, $100 to $25,000 (ORS 192.541). Knowing, reckless or negligent violations are a Class A misdemeanor (ORS 192.543).
Applies to
  • Any person that obtains, retains, uses or discloses an individual's genetic information or DNA sample, including direct-to-consumer and research entities, subject to law-enforcement, parentage, research and identification exceptions

Practices it requires

  • Obtain informed consent before obtaining genetic information from an individual or their DNA sample, except for listed law-enforcement, identification, and qualifying research purposes.ORS 192.535(1)
  • Use DNA samples or genetic information for anonymous or coded research only with specific or general research consent or after required notice.ORS 192.537(2)
  • Do not disclose identifiable genetic information or the identity of a tested person or blood relative without written consent on an OHA-prescribed form, except for criminal or death investigations, court order, parentage, diagnosis of relatives of a decedent, or body identification; the ban also covers redisclosure.ORS 192.539(1)-(2)

Security duties

  • Anyone authorized to obtain, retain or use genetic information or DNA samples must keep them confidential and protect them from unauthorized disclosure or misuse.ORS 192.537(1)

Sources

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

Unverified: Original effective date not verified (formerly ORS 659.700 et seq.; private action added by 2001 c.588).

Research reference, not legal advice.