Minnesota Statutes

Minn. Stat. § 13.386 (2026)

Treatment Of Genetic Information Held By Government Entities And Other Persons

✓ current as of May 2026

Find cases: SyfertCases citing this section MN-REVrevisor.mn.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar

Subdivision 1.Definition.

(a) "Genetic information" means information about an identifiable individual derived from the presence, absence, alteration, or mutation of a gene, or the presence or absence of a specific DNA or RNA marker, which has been obtained from an analysis of:

(1) the individual's biological information or specimen; or

(2) the biological information or specimen of a person to whom the individual is related.

(b) "Genetic information" also means medical or biological information collected from an individual about a particular genetic condition that is or might be used to provide medical care to that individual or the individual's family members.

Subd. 2.Private data.

Genetic information held by a government entity is private data on individuals as defined by section 13.02, subdivision 12.

Subd. 3.Collection, storage, use, and dissemination of genetic information.

(a) Unless otherwise expressly provided by law, genetic information about an individual:

(1) may be collected by a government entity, as defined in section 13.02, subdivision 7a, or any other person only with the written informed consent of the individual;

(2) may be used only for purposes to which the individual has given written informed consent;

(3) may be stored only for a period of time to which the individual has given written informed consent; and

(4) may be disseminated only:

(i) with the individual's written informed consent; or

(ii) if necessary in order to accomplish purposes described by clause (2). A consent to disseminate genetic information under item (i) must be signed and dated. Unless otherwise provided by law, such a consent is valid for one year or for a lesser period specified in the consent.

(b) Newborn screening activities conducted under sections 144.125 to 144.128 are subject to paragraph (a). Other programs and activities governed under section 144.192 are not subject to paragraph (a).

Subd. 4.

MS 2012 [Expired, 2012 c 292 art 4 s 1]

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2010–2024 · leading case: Bearder v. State, 806 N.W.2d 766 (Minn. 2011).

Sort: Relevance Newest Treatment

Bearder v. State, 806 N.W.2d 766 (Minn. 2011). · cites it 58× “128 (2010), and the Genetic Privacy Act, Minn.Stat. § 13.386 (2010). 1 The Minnesota Department of Health, as part of its newborn screening program, collects blood samples of newborn children to test for various disorders.”

State of Minnesota v. Michael Allan Carbo, Jr., 6 N.W.3d 114 (Minn. 2024). · cites it 6× “He claims that his genetic information is protected under Minn. Stat. § 13.386 (2022), which prohibits the collection, storage, and analysis of genetic information without the source’s consent, unless “expressly provided by law.”

State v. Atwood, 925 N.W.2d 626 (Minn. 2019). · cites it 4× “at 772 (quoting Minn. Stat. § 13.386 , subd. 1 (2018) ). We also emphasized that the definition must be read in view of the purpose of the Genetic Privacy Act: "It is the DNA within the blood samples that is the information that brings the blood sample within the protection of…”

Bearder v. State, 788 N.W.2d 144 (Minn. Ct. App. 2010). · cites it 4× “” Minn.Stat. § 13.386, subd. 3. Critical to our decision is whether the newborn screening statute *150 and other public-health statutes that grant the commissioner broad authority to execute its duties constitute an express provision of law that makes the genetic privacy act…”

Burt v. Winona Health (D. Minnesota 2018). · cites it 4× “See Minn. Stat. § 13.386 . The Genetic Privacy Act states: (a) Unless otherwise expressly provided by law, genetic information about an individual: (1) may be collected by a government entity, as defined section 13.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.