New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 4000 - NEW HAMPSHIRE RULES FOR THE CONTROL OF RADIATION
Part He-P 4038 - THE PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL
Section He-P 4038.12 - Protection of Information
Current through Register No. 40, October 3, 2024
(a) Each licensee who obtains background information on an individual under He-P 4038.07 through He-P 4038.13 shall establish and maintain a system of files and written procedures for protection of the record and the personal information from unauthorized disclosure.
(b) The licensee shall not disclose the record or personal information collected and maintained to persons other than the subject individual, his or her representative, or to those who have a need to have access to the information in performing assigned duties in the process of granting or denying unescorted access to category 1 or category 2 quantities of radioactive material, safeguards information, or safeguards information-modified handling. No individual authorized to have access to the information shall disseminate the information to any other individual who does not have a need to know.
(c) The personal information obtained on an individual from a background investigation may be provided to another licensee:
(d) The licensee shall make background investigation records obtained under He-P 4038.07 through He-P 4038.13 available for examination by DHHS/RHS to determine compliance with the regulations and laws.
(e) The licensee shall retain all fingerprint and criminal history records (including data indicating no record) received from the FBI, or a copy of these records if the individual's file has been transferred, on an individual for 3 years from the date the individual no longer requires unescorted access to category 1 or category 2 quantities of radioactive material.
