Avoid Illinois Genetic Privacy Lawsuits With Training, Consent
Avoid Illinois Genetic Privacy Lawsuits With Training, Consent
Publish Date: 2026-02-06 04:30:00
Source Domain: news.bloomberglaw.com
The Illinois Genetic Information Privacy Act, which regulates collection and use of genetic information, has become a darling of the plaintiff bar. With provisions allowing statutory damages of $2,500 to $15,000 depending on negligence, intention, or recklessness, as well as attorneys’ fees, plaintiffs have filed dozens of cases within the last few years.
Many GIPA cases are brought as class actions, and common targets include insurance companies, employers who consider health information in their hiring process, and genetic information testing companies.
Given the statutory damages that may be available, the potential exposure can be immense. Companies should carefully assess whether they may be targets and mitigate risk accordingly.
GIPA lawsuits primarily are brought under three subsections.
Section 15(a). This states that genetic testing “may be released only to the individual tested and to persons specifically authorized.” Section 15(a) claims are commonly filed against genetic testing companies, alleging unauthorized disclosure. One example is Carter v. MyHeritage, Inc., where consumers of MyHeritage’s genetic testing kits sued, claiming MyHeritage transmitted genetic information to third parties without consent, allowing for targeted advertisements. Briefing recently concluded on MyHeritage’s motion to compel arbitration.
Section 20(b). This provides that insurers can’t disclose or use genetic information “for underwriting purposes.” While health insurers generally haven’t been the subject of 20(b) claims, some cases have targeted life insurers, even though two federal courts in Illinois generally have agreed GIPA doesn’t apply to life insurers: Thompson v. Prudential Life Ins. Co. of Am. in March 2025 and Anderson v. American Life Ins. Company in November 2024. In December, the Illinois Appellate Court in Reynolds v. State Farm Life Ins. Co. held 20(b) doesn’t apply to life insurers.
Section 25(c)(1). This states that an employer, neither…
