[§844D-83] Knowing use or disclosure by department employee of forensic identification information for other than criminal identification or exclusion purposes.
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[§844D-83] Knowing use or disclosure by department employee of forensic identification information for other than criminal identification or exclusion purposes.
(a)If any employee of the department knowingly uses an offender specimen, sample, or DNA profile collected pursuant to this chapter for other than criminal identification or exclusion purposes, or knowingly discloses DNA or other forensic identification information developed pursuant to this section to an unauthorized individual or agency for other than criminal identification or exclusion purposes or for other than the identification of missing persons, in violation of this chapter, the department shall be liable in civil damages to the donor of the DNA identification information in the amount of $5,000 for each violation, plus attorney's fees and costs. In the event of multiple violations, total damages shall not exceed $50,000 plus attorney's fees and costs.
(b)Notwithstanding any other law to the contrary, this section shall provide the sole and exclusive remedy against the department and its employees available to the donor of the DNA. The department's employee disclosing DNA identification information in violation of this chapter shall be absolutely immune from civil liability under any other law. [L 2005, c 112, pt of §1]