A. The attorney general or a district attorney may bring a civil action against a person for violating the provisions of the Genetic Information Privacy Act or to otherwise enforce those provisions.

B. An individual whose rights under the provisions of the Genetic Information Privacy Act have been violated may bring a civil action for damages or other relief.

C. The court may order a person who violates the provisions of the Genetic Information Privacy Act to comply with those provisions and may order other appropriate relief, including:

1. (1) directing an insurer who has violated Section 24-21-3 or 24-21-4 NMSA 1978 to provide a policy for hospital and medical expenses, including health insurance, group disability insurance or long-term care coverage, to the injured individual under the same terms and conditions as would have applied had the violation not occurred;
2. (2) actual damages;
3. (3) damages of up to five thousand dollars ($5,000) in addition to any economic loss if the violation results from willful or grossly negligent conduct; and

4. (4) reasonable attorney fees and appropriate court costs.

   D. Pursuant to Subsection C of Section 24-21-3 NMSA 1978, the court may use genetic information to determine the cause of damage or injury and penalty awards.

   E. Each instance of wrongful collection, analysis, retention, disclosure or use of genetic information constitutes a separate and actionable violation of the Genetic Information Privacy Act.

History: Laws 1998, ch. 77, § 6; 2015, ch. 156, § 6.

ANNOTATIONS

The 2015 amendment, effective June 19, 2015, made technical changes to the section; in Subsection B, deleted "A person" and added "An individual"; in Paragraph (1) of Subsection C, after "violated Section", deleted "3 or 4 of the Genetic Information Privacy Act" and added "24-21-3 or 24-21-4 NMSA 1978", and after "to the injured", deleted "person" and added "individual"; and in Subsection D, after "Section", deleted "3 of the Genetic Information Privacy Act" and added "24-21-3 NMSA 1978".