Montana Legislature enacts strict regulations on genetic data privacy and consent

The Montana Legislature convened on April 18, 2025, to introduce Senate Bill 163, a significant piece of legislation aimed at enhancing the privacy and security of genetic and neurotechnology data for residents of Montana. The bill seeks to address growing concerns over the handling and storage of sensitive biological samples and data, particularly in light of advancements in genetic testing and neurotechnology.

Key provisions of Senate Bill 163 include stringent requirements for the retention and destruction of biological samples collected by clinical laboratories. Specifically, the bill mandates that samples must not be retained longer than necessary for compliance with federal quality standards and prohibits laboratories from conducting additional research on samples while they are held under these retention requirements. Furthermore, the bill establishes that genetic and neurotechnology data of Montana residents cannot be stored in countries sanctioned by the U.S. government, ensuring that such sensitive information remains secure from foreign adversaries.

A notable aspect of the bill is its emphasis on informed consent. It supersedes existing exceptions to informed consent under federal policy, reinforcing the necessity for explicit permission from individuals before their genetic data can be disclosed to third parties, including insurance companies and employers. This provision aims to protect consumers from potential discrimination based on their genetic information.

The bill has sparked discussions among lawmakers and stakeholders regarding its implications for privacy rights and the healthcare industry. Proponents argue that it is a crucial step toward safeguarding personal data in an era where genetic information is increasingly commodified. However, some critics express concerns about the potential impact on medical research and innovation, fearing that stringent regulations may hinder advancements in genetic studies.

As the legislative process unfolds, experts anticipate that Senate Bill 163 could set a precedent for similar laws in other states, reflecting a growing trend toward prioritizing individual privacy in the face of rapid technological advancements. The bill's future will depend on ongoing debates and potential amendments as it moves through the legislative process, with implications that could resonate well beyond Montana's borders.