Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act
Cal. HSC § 121110
California Statutes
(
a) Any person who negligently discloses the content of any confidential research record, as defined in subdivision (
c) of
Section 121125, to any third party, except pursuant to this chapter, shall be assessed a civil penalty in an amount not to exceed two thousand five hundred dollars ($2,500), plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test. (
b) Any person who willfully or maliciously discloses the content of any confidential research record, as defined in subdivision (
c) of
Section 121125, to any third party, except pursuant to this chapter, shall be assessed a civil penalty in an amount not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000), plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test. (
c) Any person who willfully, maliciously, or negligently discloses the content of any confidential research record, as defined in subdivision (
c) of
Section 121125, to a third party, except pursuant to this chapter, that results in economic, bodily, or psychological harm to the research subject, is guilty of a misdemeanor, punishable by imprisonment in the county jail for a period not to exceed one year, or a fine of not to exceed twenty-five thousand dollars ($25,000), or both. (
d) Any person who commits any act described in subdivision (
a) or (
b) shall be liable to the subject for all actual damages for economic, bodily, or psychological harm that is a proximate result of the act. (
e) Any person who negligently or willfully violates
Section is guilty of an infraction punishable by a fine of twenty-five dollars ($25). (
f) Each violation of this
chapter is a separate and actionable offense. (
g) Nothing in this
section limits or expands the right of an injured research subject to recover damages under any other applicable law.