United States. Health data. Act

GINAGenetic Information Nondiscrimination Act of 2008 (GINA)

In force
Partly verifiedMedium confidence. Source read: Wikipedia only; enforcement mechanisms and separate Title I/II effective dates not stated there. The listed agencies are from general knowledge and not confirmed in the source. Text link opened on LII (42 U.S.C. 2000ff). LII note: Title II (employment) takes effect 18 months after enactment, i.e. about 21 Nov 2009 (calculated); 2008-05-21 is the enactment date and Title I's date was not checked.

§1Summary

Synopsis

Prevents health insurers and group health plans from denying coverage or charging higher premiums based on genetic predisposition, and employers from using genetic information in hiring, firing, placement or promotion.

Key themes
  • genetic information
  • employment discrimination
  • health insurance
Unique features

Protects genetic data specifically; does not cover life, disability or long-term-care insurance (not verified in source read).

SaaS relevance

Relevant to HR and benefits platforms and wellness programme providers that handle genetic information.

§2Obligations

Breach notification
None
DPO
No
Cross-border transfers
None

§3Dates

Key dates
  • Adopted
  • In force
  • Pub. L. 110-233 signed 21 May 2008. EEOC amended its GINA regulations 17 May 2016 on wellness programmes, effective 16 Jul 2016.

§4Text and authority

Text
Authority
Equal Employment Opportunity Commission; HHS; Department of Labor

§5Where it applies

Domestic law of
United States
Also applies in

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. Source read: Wikipedia only; enforcement mechanisms and separate Title I/II effective dates not stated there. The listed agencies are from general knowledge and not confirmed in the source. Text link opened on LII (42 U.S.C. 2000ff). LII note: Title II (employment) takes effect 18 months after enactment, i.e. about 21 Nov 2009 (calculated); 2008-05-21 is the enactment date and Title I's date was not checked.