Legislation
SECTION 995-D
Confidentiality
Executive (EXC) CHAPTER 18, ARTICLE 49-B
§ 995-d. Confidentiality. 1. All records, findings, reports, and
results of DNA testing performed on any person shall be confidential and
may not be disclosed or redisclosed without the consent of the subject
of such DNA testing. Such records, findings, reports and results shall
not be released to insurance companies, employers or potential
employers, health providers, employment screening or personnel
companies, agencies, or services, private investigation services, and
may not be disclosed in response to a subpoena or other compulsory legal
process or warrant, or upon request or order of any agency, authority,
division, office, corporation, partnership, or any other private or
public entity or person, except that nothing contained herein shall
prohibit disclosure in response to a subpoena issued on behalf of the
subject of such DNA record or on behalf of a party in a civil proceeding
where the subject of such DNA record has put such record in issue.
2. Notwithstanding the provisions of subdivision one of this section,
records, findings, reports, and results of DNA testing, other than a DNA
record maintained in the state DNA identification index, may be
disclosed in a criminal proceeding to the court, the prosecution, and
the defense pursuant to a written request on a form prescribed by the
commissioner of the division of criminal justice services.
Notwithstanding the provisions of subdivision one of this section, a DNA
record maintained in the state DNA identification index may be disclosed
pursuant to section nine hundred ninety-five-c of this article.
results of DNA testing performed on any person shall be confidential and
may not be disclosed or redisclosed without the consent of the subject
of such DNA testing. Such records, findings, reports and results shall
not be released to insurance companies, employers or potential
employers, health providers, employment screening or personnel
companies, agencies, or services, private investigation services, and
may not be disclosed in response to a subpoena or other compulsory legal
process or warrant, or upon request or order of any agency, authority,
division, office, corporation, partnership, or any other private or
public entity or person, except that nothing contained herein shall
prohibit disclosure in response to a subpoena issued on behalf of the
subject of such DNA record or on behalf of a party in a civil proceeding
where the subject of such DNA record has put such record in issue.
2. Notwithstanding the provisions of subdivision one of this section,
records, findings, reports, and results of DNA testing, other than a DNA
record maintained in the state DNA identification index, may be
disclosed in a criminal proceeding to the court, the prosecution, and
the defense pursuant to a written request on a form prescribed by the
commissioner of the division of criminal justice services.
Notwithstanding the provisions of subdivision one of this section, a DNA
record maintained in the state DNA identification index may be disclosed
pursuant to section nine hundred ninety-five-c of this article.