It depends upon the contract agreed to. In general, terms are laid out in the original contract, and usually it is specified by the service provider that jurisdiction falls in XXX. I haven't looked at 23andme, and honestly not interested in spending more time, but I would suspect as a company operating under US laws they would implement these rules for everyone regardless. But it would be up to the contract each person agreed to when they signed on for service. That is why we have contracts. All those lengthy paragraphs we click "agree" to are binding. Here is a reference that might be helpful in explaining jurisdiction and applicable law: http://www.lexology.com/library/detail.aspx?g=469b7d6f-4f8c-44cb-9f10-dcdd1e df20bf Bear in mind, Issues end up in court because of the need to clarify and get a ruling. Everything is fluid. But HIPPA in particular is strictly enforced. The Issue you discuss would be "1) did a 23andme customer of another nation agree to US laws, 2) and/or could they be exempted." I cannot answer that question. Refer to contract and go from there. Regards, Patti -----Original Message----- From: Michael Fisher [mailto:m.j.fisher@btinternet.com] Sent: Wednesday, October 28, 2015 12:28 PM To: Patti Easton <amharach@msn.com>; genealogy-dna@rootsweb.com Subject: Re: [DNA] Deceased Health Info Regs Does this apply to people in other countries who have tested with what you regard as your countries companies? Mike On 28/10/2015 18:07, Patti Easton via wrote: > For those wanting further statutes and info regarding the rights of a > deceased person's health information: > > > > 45 CFR 160.103 > > > > https://www.law.cornell.edu/cfr/text/45/160.103 > > > > http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/dec > edents > .html > > > > Obviously everything is open to interpretation even for attorneys. > > Patti Easton > > > > > ------------------------------- > To unsubscribe from the list, please send an email to > GENEALOGY-DNA-request@rootsweb.com with the word 'unsubscribe' without > the quotes in the subject and the body of the message >

There is a caveat to this idea that a contract can unilaterally declare which laws apply. That is, the contractor can try this, but most courts find it fails. The laws that apply would be in whatever jurisdiction the major event takes place. So a company having offices only in Alabama, contracting with a client in Pennsylvania, could certainly declare in their contract that the laws of New Mexico apply. But no court would uphold such a claim, regardless of what anyone signed. The courts would state it has to either be Alabama, where the company *is* or Pennsylvania, where the client *is* -----Original Message----- From: Patti Easton via <genealogy-dna@rootsweb.com> To: m.j.Fisher <m.j.Fisher@btinternet.com>; genealogy-dna <genealogy-dna@rootsweb.com> Sent: Wed, Oct 28, 2015 11:58 am Subject: Re: [DNA] Deceased Health Info Regs It depends upon the contract agreed to. In general, terms are laid out in the original contract, and usually it is specified by the service provider that jurisdiction falls in XXX. I haven't looked at 23andme, and honestly not interested in spending more time, but I would suspect as a company operating under US laws they would implement these rules for everyone regardless. But it would be up to the contract each person agreed to when they signed on for service. That is why we have contracts. All those lengthy paragraphs we click "agree" to are binding. Here is a reference that might be helpful in explaining jurisdiction and applicable law: http://www.lexology.com/library/detail.aspx?g=469b7d6f-4f8c-44cb-9f10-dcdd1e df20bf Bear in mind, Issues end up in court because of the need to clarify and get a ruling. Everything is fluid. But HIPPA in particular is strictly enforced. The Issue you discuss would be "1) did a 23andme customer of another nation agree to US laws, 2) and/or could they be exempted." I cannot answer that question. Refer to contract and go from there. Regards, Patti -----Original Message----- From: Michael Fisher [mailto:m.j.fisher@btinternet.com] Sent: Wednesday, October 28, 2015 12:28 PM To: Patti Easton <amharach@msn.com>; genealogy-dna@rootsweb.com Subject: Re: [DNA] Deceased Health Info Regs Does this apply to people in other countries who have tested with what you regard as your countries companies? Mike On 28/10/2015 18:07, Patti Easton via wrote: > For those wanting further statutes and info regarding the rights of a > deceased person's health information: > > > > 45 CFR 160.103 > > > > https://www.law.cornell.edu/cfr/text/45/160.103 > > > > http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/dec > edents > .html > > > > Obviously everything is open to interpretation even for attorneys. > > Patti Easton > > > > > ------------------------------- > To unsubscribe from the list, please send an email to > GENEALOGY-DNA-request@rootsweb.com with the word 'unsubscribe' without > the quotes in the subject and the body of the message > ------------------------------- To unsubscribe from the list, please send an email to GENEALOGY-DNA-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message

FWIW: From the 23andMe.ca (Canada), "Terms of Service", Clause 28 (2) Applicable law and arbitration "...any disputes with 23andMe arising out of or relating to the TOS shall be governed by the laws of Ontario..."