New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26C - ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES
Subchapter 15 - CONFIDENTIALITY
Section 7:26C-15.2 - General information
Current through Register Vol. 56, No. 6, March 18, 2024
(a) Until such time as a final confidentiality determination has been made, access to any information for which a confidentiality claim has been made shall be limited to Department employees, representatives, and contractors, whose activities necessitate such access and as provided in this subchapter.
(b) If a request for public disclosure of information is made for interagency or intra-agency memoranda or letters, the Department may deny this request if such request is exempted from disclosure pursuant to the Freedom of Information Act 5 U.S.C. § 552(b)(5) or the Open Public Records Act, 47:1A-3.
(c) If a request for information is made for investigatory records, the Department may deny the request if such request is exempted from disclosure pursuant to the Freedom of Information Act, 5 U.S.C. § 552(b)(7) or the Open Public Records Act, 47:1A-3.
(d) The Department shall not disclose to any person information for which a confidentiality claim has been asserted except as provided in this subchapter or as otherwise required by law.
(e) Nothing in this section shall be construed as prohibiting the incorporation of confidential information into cumulations of data subject to disclosure as public records, provided that such disclosure is not in a form that would foreseeably allow a person, not otherwise having knowledge of such confidential information, to deduce from it the confidential information or the identity of the person who supplied it to the Department.
