Law / United States / 
Delaware
HIV-related tests: confidentiality of test results and civil enforcement
Del. Code Ann. tit. 16, §§ 717, 718
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Disclosure
- Audit expectation
- none
As of .
What it requires
- Do not disclose, and do not comply with a compulsion to disclose, the identity of any person upon whom an HIV-related test (an HIV test, CD4 cell count test, viral load test or any other test related to HIV) is performed, or the results of the test in a manner that permits identification of the subject of the test, except to a person section 717(a) lists, for example the subject or the subject's legal guardian, a person holding a legally effective release the subject executed, or a person a court order allows to have access.
- If you received the results of an HIV-related test under section 717(a), do not disclose them to another person except as section 717(a) authorizes.
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Private right of actionYes
Statutory damages
Section 718(a) lets a person aggrieved by a violation recover, against a person who negligently violates the subchapter, damages of $1,000 or actual damages, whichever is greater, and, against a person who intentionally or recklessly violates it, damages of $5,000 or actual damages, whichever is greater, with reasonable attorneys' fees and other relief including an injunction. Each figure is a floor because the greater of the two applies. An action must start within 3 years after the cause of action accrues (section 718(b)).
- As of
- Currency
- USD
- Per person minimum
- 1,000
- Per person reckless
- 5,000
- Per person negligent
- 1,000
Who enforces it
Enforcement body
Delaware Attorney General, who may maintain a civil action to enforce the subchapter and obtain any relief section 718(a) authorizes (16 Del. C. section 718(c)); an aggrieved person may also sue in the Superior Court.
What this law does
Section 717(a) of title 16 bars any person from disclosing, or being compelled to disclose, the identity of any person upon whom an HIV-related test is performed, or the results of the test in a manner that permits identification of the subject of the test, except to the persons it lists. Chapter 336 of volume 66 of the Laws of Delaware was approved .
Under section 717(b) of title 16, a person to whom the results of an HIV-related test have been disclosed under subsection (a) may not disclose the results to another person except as subsection (a) authorizes. In subchapter II of chapter 7 of title 16, HIV-related tests means HIV tests, CD4 cell count tests, viral load tests, or any other tests related to HIV.
Under section 718(a) of title 16, a person aggrieved by a violation of the subchapter has a right of action in the Superior Court and may recover damages of $1,000 or actual damages, whichever is greater, from a person who negligently violates it, damages of $5,000 or actual damages, whichever is greater, from a person who intentionally or recklessly violates it, reasonable attorneys' fees, and other relief including an injunction.
Under section 718(c) of title 16, the Attorney General may maintain a civil action to enforce the subchapter, in which a court may order any relief section 718(a) authorizes. Under section 718(b) of title 16, an action under the subchapter is barred unless it is commenced within 3 years after the cause of action accrues.
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