(a) Any person who wilfully retains an individual's genetic information or retains an individual's sample in violation of this subchapter shall be punished by a fine of not less than $1,000 nor more than $10,000.
(b) Any person who wilfully obtains or discloses genetic information in violation of this subchapter shall be punished by a fine not less than $5,000 nor more than $50,000.
(c) Any person who wilfully discloses an individual's genetic information in violation of this subchapter, shall be liable to the individual for all actual damages, including damages for economic, bodily or emotional harm which is proximately caused by the disclosure.
(d) The Superior Court shall have jurisdiction over all violations of this subchapter.
Structure Delaware Code
Chapter 12. INFORMED CONSENT AND CONFIDENTIALITY
Subchapter I. Genetic Information
§ 1202. Informed consent required to obtain genetic information.
§ 1204. Genetic information access by the subject.
§ 1205. Conditions for disclosure to others of genetic information.
§ 1206. Subchapter applicability.
§ 1208. Violations, penalties for unlawful disclosure of genetic information, jurisdiction.