Can I skip obtaining consent to disclose personal information for a business purpose in Delaware? What are the requirements?

Based on the context documents, you cannot skip obtaining consent to disclose personal information for a business purpose in Delaware. The Delaware Code prohibits state agencies from disclosing personal information concerning a user to any person, firm, partnership, corporation, limited liability company, or other entity, including internal staff who do not need the information in the performance of their official duties, unless such user has consented to the disclosure of such personal information ^[1.1].

However, if you are seeking to disclose genetic information, there are specific requirements for obtaining informed consent ^[2.1][2.2]. For the purpose of obtaining genetic information, informed consent means the signing of a consent form which includes a description of the genetic test or tests to be performed, its purpose or purposes, potential uses, and limitations and the meaning of its results, and that the individual will receive the results unless the individual directs otherwise ^[2.2].

If you are seeking to disclose genetic information to others, including government entities, you must follow the conditions for disclosure outlined in Delaware Code ^[2.1][2.3]. These conditions include obtaining informed consent of the tested individual describing the information to be disclosed and to whom, or obtaining a court order issued by a duly authorized court with jurisdiction over a matter that is under investigation by the governmental entity ^[2.3].

If you are seeking to retain genetic information, you must obtain informed consent from the individual unless retention is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding, to determine paternity, authorized by order of a court of competent jurisdiction, made pursuant to the DNA analysis and data bank requirements of § 4713 of Title 29, for anonymous research where the identity of the subject will not be released, or pursuant to newborn screening requirements established by state or federal law ^[2.1][2.4].

If you are seeking to use protected health information collected by the Department of Health and Social Services or its agencies, the Maternal and Child Death Review Commission, the Child Protection Accountability Commission, and the Drug Overdose Fatality Review Commission, you must use it solely for legitimate public health purposes ^[3.1][3.2].

If you are seeking to disclose book service information about a user to any person, you must follow the specific circumstances outlined in Delaware Code ^[4.1]. These circumstances include obtaining informed, affirmative consent in writing to the specific disclosure to the specific person for a particular purpose, or disclosing the information pursuant to a court order issued by a duly authorized court with jurisdiction over a matter that is under investigation by the governmental entity ^[4.1].

Therefore, based on the context documents, you cannot skip obtaining consent to disclose personal information for a business purpose in Delaware.

Source(s):

• [1.1] Prohibition on disclosure of personal information.
• [2.1] Informed consent required to obtain genetic information.
• [2.2] Definitions.
• [3.1] Disclosure of protected health information.
• [2.3] Conditions for disclosure to others of genetic information.
• [2.4] Authorization to retain genetic information and samples from which genetic information is derived.
• [3.2] Use of protected health information.
• [4.1] Privacy of information regarding book service users.

Jurisdiction

Delaware

• Privacy