What Is GIPA?

Illinois Genetic Information Privacy Act (GIPA)

The Illinois Genetic Information Privacy Act (GIPA), enacted in 1998, prohibits employers and their agents from conditioning employment on genetic data, or from using genetic data in discriminatory ways. The statute also prohibits insurers from seeking genetic information to use in connection with accident or health insurance policies.

“Genetic information” covers (1) genetic tests of an individual or their family members, (2) the manifestation of a disease or disorder in the individual or their family members, (3) any request, or receipt of, genetic services or participation in clinic research by the individual or their family members, and (4) information about a fetus carried, or an embryo legally held, by the individual or their family members.

Like its biometric data counterpart, Illinois Biometric Invasion of Privacy Act (BIPA), GIPA provides a private right of action and includes strict consent requirements and prohibition on collection, use, disclosure, and retention of regulated data.

Winston & Strawn’s Privacy & Data Security practice has vast experience advising clients on GIPA compliance and representing clients in litigation matters related to alleged GIPA violations.