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Cybersecurity Law & StrategyFeaturesCybersecurityPrivacyRegulation

Is Genetic Information the Next Privacy Battleground?

By Jeffrey N. Rosenthal and Amanda M. Noonan
May 01, 2024

Though it has been on the books for over two decades, the Illinois Genetic Information Privacy Act (GIPA) has recently gathered steam; over 40 class actions were filed in 2023 alone.

At its core, GIPA regulates the collection and use of genetic information by employers, employment agencies, labor organizations, licensing agencies, and other entities. According to recent GIPA class-action suits, the mandating of pre-employment physicals or health interviews required potential employees to improperly disclose their family medical history as a condition of employment. GIPA litigation remains in its early stages, but the possibility of exorbitant statutory damages — $2,500 per negligent violation, up to $15,000 per intentional or reckless violation — could make GIPA the next major trend in privacy class action litigation.

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