2009 New Jersey Code
Section 10:5
10:5-47 - Conditions for disclosure of genetic information

10:5-47.  Conditions for disclosure of genetic information

8. a.  Regardless of the manner of receipt or the source of genetic information, including information received from an individual, a person may 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;

(2)  Disclosure is necessary to determine paternity in accordance with the provisions of section 11 of P.L.1983, c.17 (C.9:17-48);

(3)  Disclosure is authorized by order of a court of competent jurisdiction;

(4)  Disclosure is made pursuant to the provisions of the "DNA Database and Databank Act of 1994," P.L.1994, c.136 (C.53:1-20.17 et seq.);

(5)  Disclosure is authorized by the tested individual or the tested individual's representative by signing a consent which complies with the requirements of the Department of Health and Senior Services;

(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 pursuant to the requirements of  P.L.1985, c.179 (C.17:23A-1 et seq.).

b.  The provisions of this section 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.


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