US Lawyer Database

    141-G:14 Confidentiality. –

I. No person shall use or disclose any information concerning an applicant or a source individual if that information becomes known to the person in the course of carrying out his or her responsibilities under this subdivision or as a result of obtaining a testing order.

II. Paragraph I shall not apply to disclosure in the following circumstances:

(a) In the course of carrying out a duty imposed or exercising a power conferred under this subdivision.

(b) As required by law.

(c) With the consent of the person who is the subject of the information.

(d) In the course of a consultation between qualified health professionals.

(e) In the case of information about a minor to a guardian of that minor.

(f) As provided in rules adopted under RSA 141-G:19.

III. No person who is subpoenaed or otherwise compelled to give evidence in a legal proceeding, other than a proceeding for the purposes of RSA 141-G:11, I or an appeal under RSA 141-G:11, V, shall disclose information described in paragraph I, unless the court first examines the information, with the public excluded, and determines that the information may be disclosed. The court shall consider:

(a) The probative value of the information;

(b) The relevance of the information to the proceeding; and

(c) The effect of the disclosure on the privacy of the person who is the subject of the information.

Source. 2017, 208:1, eff. Sept. 8, 2017.