N.J. Admin. Code § 7:28-4.22

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

Section 7:28-4.22 - Substantive criteria for use in confidentiality determinations

(a) When the applicant satisfies each of the following substantive criteria, the Department shall determine that the information for which a confidentiality claim has been asserted is confidential:

1. The applicant has asserted a confidentiality claim which has not expired by its terms, been waived or withdrawn;

2. The applicant has shown that reasonable measures have been taken to protect the confidentiality of the information and that the applicant intends to continue to take such measures;

3. The information is not, and has not been, available or otherwise disclosed to other persons without the applicant's consent (other than by subpoena or by discovery based on a showing of special need in a judicial or quasi-judicial proceeding, as long as the information has not become available to persons not involved in the proceeding);

4. No statute specifically requires disclosure of the information; and

5. The applicant has shown that disclosure of the information would be likely to cause substantial damage to its competitive position.

N.J. Admin. Code § 7:28-4.22

Amended by 46 N.J.R. 768(a), effective 5/5/2014.