Section 24-21-6 - Penalties. - New Mexico Statutes

24-21-6. Penalties.

A.     The attorney general or district attorney may bring a civil action against a person for violating the provisions of the Genetic Information Privacy Act [24-21-1 NMSA 1978] or to otherwise enforce those provisions.   

B.     A person whose rights under the provisions of the Genetic Information Privacy Act have been violated may bring a civil action for damages or other relief.   

C.     The court may order a person who violates the provisions of the Genetic Information Privacy Act to comply with those provisions and may order other appropriate relief, including:   

(1)     directing an insurer who has violated Section 3 [24-21-3 NMSA 1978] or 4 [24-21-4 NMSA 1978] of the Genetic Information Privacy Act to provide a policy for hospital and medical expenses, including health insurance, group disability insurance or long-term care coverage, to the injured person under the same terms and conditions as would have applied had the violation not occurred;   

(2)     actual damages;   

(3)     damages of up to five thousand dollars ($5,000) in addition to any economic loss if the violation results from willful or grossly negligent conduct; and   

(4)     reasonable attorney fees and appropriate court costs.   

D.     Pursuant to Subsection C of Section 3 of the Genetic Information Privacy Act, the court may use genetic information to determine the cause of damage or injury and penalty awards.   

E.     Each instance of wrongful collection, analysis, retention, disclosure or use of genetic information constitutes a separate and actionable violation of the Genetic Information Privacy Act.