§ 1203 — Authorization to retain genetic information and samples from which genetic information is derived

(a) No person shall retain an individual’s genetic information without first obtaining informed consent from the individual unless:

(1) Retention is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding;

(2) Retention is necessary to determine paternity;

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

(4) Retention is made pursuant to the DNA analysis and data bank requirements of § 4713 of Title 29;

(5) Retention of information is for anonymous research where the identity of the subject will not be released; or

(6) Retention is pursuant to newborn screening requirements established by state or federal law.

(b) The sample of an individual from which genetic information has been obtained shall be destroyed promptly unless:

(1) Retention is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding;

(2) Retention is authorized by order of a court of competent jurisdiction; or

(3) Retention is authorized by the individual; or

(4) Retention is for anonymous research where the identity of the subject will not be released.

Legislative History

71 Del. Laws, c. 458, § 2 ; 78 Del. Laws, c. 277, § 3 ; 80 Del. Laws, c. 96, § 2