(a) Regardless of the manner of receipt or the source of genetic information, including information received from an individual, a person shall not disclose or be compelled, by subpoena or any other means, to disclose the identity of an individual upon whom a genetic test has been performed or to disclose genetic information about the individual in a manner that permits identification of the individual, unless:
- (1) Disclosure is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding or to protect the interests of an issuer in the detection or prevention of fraud, material misrepresentation or material nondisclosure;
- (2) Disclosure is necessary to determine paternity;
- (3) Disclosure is authorized by order of a court of competent jurisdiction;
- (4) Disclosure is made pursuant to the DNA analysis and data bank requirements of § 4713 of Title 29;
- (5) Disclosure is authorized by obtaining informed consent of the tested individual describing the information to be disclosed and to whom;
- (6) Disclosure is for the purpose of furnishing genetic information relating to a decedent for medical diagnosis of blood relatives of the decedent;
- (7) Disclosure is for the purpose of identifying bodies;
- (8) Disclosure is pursuant to newborn screening requirements established by state or federal law;
- (9) Disclosure is authorized by federal law for the identification of persons; or
- (10) Disclosure is by an insurer to an insurance regulatory authority;
- (11) Disclosure is authorized in accordance with § 1201(4)c. of this title; or
- (12) Disclosure is otherwise permitted by law.
- (b) This section shall apply to any subsequent disclosure by any person after another person has disclosed genetic information or the identity of an individual upon whom a genetic test has been performed.
71 Del. Laws, c. 458, § 2; 78 Del. Laws, c. 277, § 3; 80 Del. Laws, c. 126, § 1