Privacy

Genetic analysis in hiring and insurance: limits under Austria’s GTG

Section 67 of Austria’s GTG protects job-seekers, employees and insurance applicants. When may an insurer use Type 1 results?

BRANDAUER Rechtsanwälte
Contact person

Mag. Bernhard Brandauer, Austrian attorney-at-law

BRANDAUER Rechtsanwälte

Mag. Bernhard Brandauer advises businesses on the legal classification and practical implementation of data protection requirements.

3 October 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law

Section 67 of Austria’s Gene Technology Act (Gentechnikgesetz, GTG) sets a specific limit. Employers and insurers may not collect, request, accept or otherwise use results from genetic analyses concerning employees, job-seekers, policyholders or insurance applicants. The rule also names their agents and employees.

The narrow exception concerns insurers and Type 1 results. It applies only where the result cannot reveal results from genetic analyses of Types 2, 3 or 4. Section 67 GTG deals separately with biological material submitted for genetic analysis.

Initial assessment

What is the employer or insurer asking for?

Select the requester and the item sought. For an insurance request, the Type 1 exception also depends on two statutory conditions.

01 Question 1

Does the request fit section 67 GTG?

Check both sides: employer and employee or job-seeker; insurer and policyholder or applicant.

Result

Your orientation

01

The request concerns a genetic analysis result in an employment context.

Section 67(1) GTG prohibits employers and their agents or employees from collecting, requesting, accepting or otherwise using such results concerning employees or job-seekers.
02

The request concerns a sample for genetic analysis.

The second sentence of section 67(1) GTG covers requesting or accepting biological material for genetic analysis. The Type 1 exception in section 67(2) refers only to the first sentence.
03

The facts may fall within the limited insurer exception.

The result must concern a policyholder or applicant and come from a Type 1 analysis. It must also be impossible to infer results of Types 2, 3 or 4. Check both conditions against the documents.
04

The stated facts do not meet the Type 1 exception.

Section 67(2) GTG covers only the stated Type 1 results where no inference to Types 2, 3 or 4 is possible. Assess the report and the requested handling against those conditions.
05

The Type 1 conditions cannot yet be assessed.

The analysis type and the possibility of inferring results of Types 2, 3 or 4 must be clear before the exception can be assessed. A general label such as genetic test does not answer both questions.
06

Section 67 GTG alone does not yet classify this request.

First identify who is requesting the information, the affected person’s role, and whether the request concerns a result, a sample or another health detail. General health questionnaires and medical diagnosis are outside this assessment.

Whom does section 67 protect in hiring and insurance?

Section 67(1) GTG names employees and job-seekers, as well as policyholders and insurance applicants. The provision may therefore matter during recruitment or before an insurance contract is concluded. In insurance, it names both existing policyholders and people applying for cover.

The rule addresses employers and insurers. It expressly includes their agents and employees. The assessment therefore starts with who initiated or handled the request and the role of the person concerned in that process.

Which actions involving genetic results are prohibited?

The first sentence of section 67(1) GTG covers four actions: collecting, requesting, accepting or otherwise using results from genetic analyses. It therefore also concerns the handling of a report that already exists. The provision refers to genetic analysis results, not every item of health information about a person.

Workplace health programmes can raise separate questions about health data. The article on health data in a workplace prevention programme covers participation and access limits in that different setting.

When may insurers use Type 1 results?

Section 67(2) GTG sets out a narrow exception for insurers, including their agents and employees, from the prohibition in the first sentence. The result must come from a Type 1 genetic analysis and concern a policyholder or insurance applicant. It must also be impossible to infer results from genetic analyses of Types 2, 3 or 4.

Both conditions apply together. The provision creates no equivalent exception for employers. Whether the exception applies depends on the individual report and whether results of Types 2, 3 or 4 may be inferred from it.

Does the exception cover requesting or accepting a sample?

The second sentence of section 67(1) GTG separately covers a request to provide, or acceptance of, biological material for genetic analysis. It therefore reaches the sample itself when it is sought for genetic testing.

Section 67(2) disapplies only the first sentence of paragraph 1 for certain results. Its wording does not extend that exception to the second sentence on biological material. The Type 1 rule concerns an analysis result; a request to provide or accept a sample requires a separate assessment. The current text of section 67 GTG is available through Austria’s Legal Information System.

How should you assess a specific request?

Keep the letter, form and attachments. Record who made the request, whether it relates to recruitment or insurance, and what information is sought. A copy of an analysis result is different from a request to provide biological material for a test.

For an insurance request, check the stated analysis type and what can be inferred from the report. If either point is missing, the exception cannot be assessed reliably. Preserve the documents and have the exact wording reviewed. The article on patient data in research projects addresses the separate question of research use.

Frequently asked questions

Questions about genetic analysis in hiring and insurance

May an employer request Type 1 genetic analysis results? +
Section 67(2) GTG creates a narrow exception for insurers. It does not provide an equivalent exception for employers.
May an insurer request or accept a sample for genetic analysis? +
The exception concerns only the first sentence of section 67(1) GTG. It does not remove the separate rule on requesting or accepting biological material in the second sentence.
Is a Type 1 label on the report enough? +
No. Section 67(2) GTG also requires that results of Types 2, 3 or 4 cannot be inferred from it. Both conditions must be assessed.

Discuss your data protection matter

Tell us briefly what is happening. We will help classify the situation and discuss which documents and next step are useful for your business.

Contact

Clarify a data protection question

Address

BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg Österreich