Remedies for Violation

The statute grants a private right of action for violation of the statutes on genetic privacy. Violation of an individual’s rights in genetic information, retention, or destruction of that information or failure to follow DHS procedures for IRBs can result in penalties ranging from $100 for inadvertent violation to $25,000 for a knowing violation. Violation of the informed consent or disclosure requirements can result in penalties ranging from $1000 for an inadvertent violation to $250,000 for a knowing violation. Affirmative defenses to such claims include prompt corrective action (ORS 192.541).