N.J. Admin. Code § 7:1F-8.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:1F-8.7 - Disclosure of confidential information

(a) The Department may disclose confidential information to a person other than a Department employee, agent, or administrative law judge only as provided in this section.

(b) The Department may disclose confidential information to any other governmental agency, if:

1. The Department receives a written request for disclosure of the information from a duly authorized officer or employee of the other agency;

2. The request sets forth the official purpose for which the information is needed;

3. The Department notifies the other agency of the Department's determination that the information is entitled to confidential treatment, or of any unresolved confidentiality claim covering the information;

4. The other governmental agency has first furnished to the Department a written formal legal opinion from the agency's chief legal officer or counsel stating that, under applicable law, the agency has the authority to compel the person who submitted the information to the Department to disclose such information to the other agency;

5. The other agency agrees not to disclose the information further, unless;

i. The other agency has statutory authority both to compel production of the information and to make the proposed disclosure; or

ii. The other agency has obtained the consent of the affected owner and operator of the proposed disclosure; and

6. The other agency has adopted rules or operates under statutory authority that will allow it to preserve confidential information from unauthorized disclosure.

(c) The Department may disclose confidential information to an agent of the Department and to an agent's employees when the agent is assisting in implementing the Act, its activities necessitate such access, and the requirements at (c)1 below have been satisfied. Any such disclosure of confidential information shall be restricted to a person approved, in writing, by the Department.

1. An agent shall not receive any confidential information, unless:

i. It has submitted a plan to the Department that describes measures for adequately protecting confidential information from unauthorized disclosure, and such plan has been approved by the Department;

ii. It has provided written documentation demonstrating, to the satisfaction of the Department, that it maintains professional liability insurance and comprehensive general liability insurance in amounts to be set by the Department; and

iii. In addition to the requirement at (c)2 below, it has signed an agreement developed by the Department, protecting confidential information from unauthorized disclosure. The agreement shall include a provision whereby the agent assumes liability for any damages to the registrant resulting from the intentional or negligent release of confidential information by the agent and its employees.

2. Any person granted access to confidential information pursuant to this section shall sign an agreement developed by the Department protecting the confidentiality of the information prior to receipt of the information.

3. Any person who receives confidential information pursuant to this section shall take appropriate measures to protect the information from unauthorized disclosure that shall include, but not be limited to:

i. Keeping the information confidential from unauthorized persons;

ii. Keeping any records containing confidential information in a locked file cabinet or safe, when not in use;

iii. Using the information only for the use approved by the Department;

iv. Not reproducing the confidential information; and

v. Returning all material on which the confidential information has been recorded to the Department within 30 days after finishing using the information.

(d) Except as otherwise provided at (e) below, the Department shall notify, in writing, the owner and operator who supplied the confidential information of:

1. Its disclosure to another agency or agent of the Department;

2. The date on which disclosure was made;

3. The name of the agency or agent to which it was disclosed; and

4. A description of the information disclosed.

(e) The Department may disclose any confidential information to any other person if it has obtained the written consent of the owner's or operator's authorized person to such disclosure.

1. The giving of consent by an owner and operator to disclose shall not be deemed to waive a confidentiality claim with regard to further disclosures, unless the authorized disclosure is of such nature as to make the disclosed information accessible to the general public.

(f) The Department may use confidential information in a civil or criminal proceeding, if permitted by a court.

N.J. Admin. Code § 7:1F-8.7

Adopted by 55 N.J.R. 905(a), effective 5/1/2023