Delaware § 1101 - Confidential character of public assistance records; penalties for violations.

§ 1101. Confidential character of public assistance records; penalties for violations.

(a) The several departments, bureaus, commissions and agencies of the State may establish and enforce reasonable rules and regulations governing the custody, use and preservation of the records, papers, files and communications of such departments, bureaus, commissions and agencies. Wherever, under provisions of law, names and addresses of recipients of public assistance are furnished to or held by any other agency or department of government, such agency or department of government shall be required to adopt regulations necessary to prevent the publication of lists thereof or their use for purposes not directly connected with the administration of public assistance.

(b) It shall be unlawful for any person to solicit, receive or make use of, disclose, or authorize, knowingly permit, or participate in the use of any information relating to any person who has applied for or who receives Temporary Assistance for Needy Families, general assistance, food stamps, aid to the blind or medical assistance where such information is derived directly or indirectly from the communications or records of the agency administering such aid or assistance or is acquired in the course of the performance of official duties; provided, however, that such conduct shall not be unlawful:

(1) When engaged in for purposes directly connected with the administration of such aid and assistance;

(2) When engaged in for purposes directly connected with the administration of public social services;

(3) Where the person who has applied for or who receives such aid or assistance, or a person authorized to act for such person, consents to such conduct; or

(4) Where a court of competent jurisdiction orders such conduct after a finding that the need for such conduct outweighs any injury that such conduct may cause the applicant or recipient.

(c) Whoever violates subsection (b) of this section shall be fined not more than $500, or imprisoned not more than 6 months, or both.

(d) The provisions of this section shall be operative only to the extent permitted by federal law.

43 Del. Laws, c. 83, §§  1, 2;  31 Del. C. 1953, §  1101;  67 Del. Laws, c. 186, §§  1, 2;  81 Del. Laws, c. 367, § 4;