SB58 Alabama 2024 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Session

Regular Session 2024

Title

DNA; prohibit taking and disclosure without express consent

Summary

SB58 would strengthen DNA privacy by making it illegal to collect, analyze, or disclose a person’s DNA without express consent, require notice of genetic test results in certain applications, and bar insurers from using DNA data to determine coverage or premiums.

What This Bill Does

It makes it a crime to collect, analyze, or transfer an individual's DNA without express consent, with exceptions for criminal investigations and certain legal processes. It requires notice to individuals of results from a genetic test when they apply for employment, a loan/credit, an educational opportunity, or certain types of insurance, and designates the DNA results as the individual's exclusive property and confidential. It prohibits health, life, and long-term care insurers from using DNA test results to make coverage or premium decisions, with specified exceptions, and it gives the Commissioner of Insurance authority to enforce these rules. It also sets penalties for violations and defines key terms, with an effective date in 2024.

Who It Affects

• Individuals whose DNA is collected or analyzed: they gain stronger privacy protections, must give express consent for DNA activities, own the DNA results, and must be notified when results may influence applications for employment, loans/credit, education, or insurance.
• Health, life, and long-term care insurers (and entities issuing or underwriting related products) and organizations involved in employment, education, loan/credit, or insurance decisions: they must obtain express consent before DNA analysis, may not use DNA results for underwriting or premium decisions, must follow notice requirements, and are subject to enforcement by the Insurance Commissioner.

Key Provisions

• It is unlawful to collect, analyze, or transfer a person's DNA without express consent, with exceptions for criminal investigations, court orders, federal law compliance, certain medical diagnoses or treatments, paternity/custody determinations, and specific research or deidentified data uses.
• Express consent must be written or electronic, clearly stating the purposes and allowing the DNA activity; a single consent can cover multiple uses.
• DNA analysis results are the exclusive property of the tested individual and must be kept confidential unless express consent is given for disclosure; notices must be provided about the analysis and its use, including whether results affected an application decision and whether analyses would be repeated for accuracy in certain denial cases.
• Health, life, and long-term care insurers may not cancel, limit, deny coverage, or alter premiums based on genetic information; they may not require or solicit genetic information for underwriting, with limited exceptions for non-health-related policies and certain supplemental coverage; insurers may access medical records during an application exam.
• Enforcement: the Insurance Commissioner can suspend or revoke a certificate of authority for violations; penalties include Class A misdemeanor for unlawful collection, Class D felony for unlawful submission/analysis or disclosure to a third party, and Class C felony for selling or transferring DNA data to a third party; each violation is treated separately.
• Definitions include DNA analysis, DNA sample, exclusive property, express consent, and terms for health, life, and long-term care insurers.
• Effective date: October 1, 2024.
• The bill is exempt from the Alabama constitutional local-expenditure rule because it creates a new crime or changes an existing crime.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Discrimination & Civil Protections