§ 995-D — Confidentiality

New York § 995-D

• Jurisdiction: New York
• Law EXC: Executive
• Art. 49-B: Commission On Forensic Science and Establishment of Dna Identification Index

Text

§ 995-d. Confidentiality. 1. All records, findings, reports, and\nresults of DNA testing performed on any person shall be confidential and\nmay not be disclosed or redisclosed without the consent of the subject\nof such DNA testing. Such records, findings, reports and results shall\nnot be released to insurance companies, employers or potential\nemployers, health providers, employment screening or personnel\ncompanies, agencies, or services, private investigation services, and\nmay not be disclosed in response to a subpoena or other compulsory legal\nprocess or warrant, or upon request or order of any agency, authority,\ndivision, office, corporation, partnership, or any other private or\npublic entity or person, except that nothing contained herein shall\nprohibit disclosure in response to a subpoena issued on behalf of the\nsubject of such DNA record or on behalf of a party in a civil proceeding\nwhere the subject of such DNA record has put such record in issue.\n 2. Notwithstanding the provisions of subdivision one of this section,\nrecords, findings, reports, and results of DNA testing, other than a DNA\nrecord maintained in the state DNA identification index, may be\ndisclosed in a criminal proceeding to the court, the prosecution, and\nthe defense pursuant to a written request on a form prescribed by the\ncommissioner of the division of criminal justice services.\nNotwithstanding the provisions of subdivision one of this section, a DNA\nrecord maintained in the state DNA identification index may be disclosed\npursuant to section nine hundred ninety-five-c of this article.\n