Section 995-D. Confidentiality  


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  • 1.  All  records,  findings,  reports,  and
      results of DNA testing performed on any person shall be confidential and
      may not be disclosed or redisclosed without the consent of  the  subject
      of  such  DNA testing. Such records, findings, reports and results shall
      not  be  released  to  insurance  companies,  employers   or   potential
      employers,   health   providers,   employment   screening  or  personnel
      companies, agencies, or services, private  investigation  services,  and
      may not be disclosed in response to a subpoena or other compulsory legal
      process  or  warrant, or upon request or order of any agency, authority,
      division, office, corporation, partnership,  or  any  other  private  or
      public  entity  or  person,  except  that nothing contained herein shall
      prohibit disclosure in response to a subpoena issued on  behalf  of  the
      subject of such DNA record or on behalf of a party in a civil proceeding
      where the subject of such DNA record has put such record in issue.
        2.  Notwithstanding the provisions of subdivision one of this section,
      records, findings, reports, and results of DNA testing, other than a DNA
      record  maintained  in  the  state  DNA  identification  index,  may  be
      disclosed  in  a  criminal proceeding to the court, the prosecution, and
      the defense pursuant to a written request on a form  prescribed  by  the
      commissioner   of   the   division   of   criminal   justice   services.
      Notwithstanding the provisions of subdivision one of this section, a DNA
      record maintained in the state DNA identification index may be disclosed
      pursuant to section nine hundred ninety-five-c of this article.