(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.

Terms Used In Delaware Code Title 16 Sec. 1208

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Genetic information: means information about inherited genes or chromosomes, and of alterations thereof, whether obtained from an individual or family member, that is scientifically or medically believed to predispose an individual to disease, disorder or syndrome or believed to be associated with a statistically significant increased risk of development of a disease, disorder or syndrome. See Delaware Code Title 16 Sec. 1201
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

(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.

71 Del. Laws, c. 458, § ?2; 78 Del. Laws, c. 277, § ?3;

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