Alabama Genetic Data Privacy Act
AGDPA
Genetic · Health
Regulates direct-to-consumer genetic testing companies. They must post plain-language privacy notices and get express consent for initial collection and use, for each transfer to third parties, for secondary uses, and for genetic-data-based marketing, plus informed consent for research. Consumers can access their data, delete their accounts, and have samples destroyed.
- Where
- Alabama
- Citation
- Ala. Code §§ 8-43-1 to 8-43-6 (Act 2024-384, HB21)
- Status
- In force
- In force since
- 2024-10-01
- Enforced by
- Alabama Attorney General (Consumer Interest Division)
- People can sue
- No
- Penalties
- The AG's Consumer Interest Division may sue for an injunction or a civil penalty of up to $3,000 per violation. Penalties and costs may be waived if the company made full restitution or paid actual damages to injured consumers.
- Applies to
- Direct-to-consumer genetic testing companies: persons other than health care providers that directly solicit biological samples from consumers to provide ancestry, relationship, or wellness information
- Contractors of genetic testing companies
- Excludes HIPAA covered entities and business associates, noncommercial research and instruction by institutions of higher learning, and samples lawfully obtained by law enforcement in a criminal investigation
What a privacy notice must say
- Prominently display plain-language policies on collection, use, maintenance, and disclosure of genetic data, including a privacy overview, full privacy notice, notice of deidentified research sharing, and how to file a complaint.Ala. Code § 8-43-3(a)(1)
Rights it gives people
- Provide a process for consumers to access genetic data, delete their account, request destruction of the sample and data (within 30 days), and revoke consent (third-party material retrieved within 60 days).Ala. Code § 8-43-3(a)(5)
Practices it requires
- Obtain separate express consent each time the company transfers a sample or data to a non-contractor third party, uses it for a purpose other than the ordered service, or markets based on genetic data.Ala. Code § 8-43-3(a)(3)
- Do not disclose genetic data to health, life, disability, or long-term care insurers or to current or prospective employers without express written consent.Ala. Code § 8-43-3(c)
- Obtain informed consent under 45 C.F.R. Part 46 before transferring samples or data for third-party research or company-sponsored research.Ala. Code § 8-43-3(a)(4)
- Obtain initial express consent covering use of the sample and data, who may access it, and retention for future testing.Ala. Code § 8-43-3(a)(2)
Other duties
- Contracts with contractors must bar using, retaining, or disclosing samples or data except to perform the contracted service; contractors share the company's confidentiality duties.Ala. Code § 8-43-4
Sources
- Official text
- Ala. Code ch. 8-43 (Code of Alabama, Alabama Legislature ALISON)
- Act 2024-384 detail, Alabama Secretary of State (approved May 15, 2024)
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Effective date October 1, 2024 is from the ALISON bill record (HB21, 2024RS) effective-date field.
Research reference, not legal advice.