New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM
Subchapter 10 - CONFIDENTIALITY AND TRADE SECRETS
Section 7:31-10.10 - Wrongful access or disclosure

Universal Citation: NJ Admin Code 7:31-10.10

Current through Register Vol. 56, No. 18, September 16, 2024

(a) A person shall not disclose, seek access to, obtain or have possession of any confidential information obtained pursuant to the Act or this chapter, except as authorized by this subchapter.

(b) Every Department employee or agent who has custody or possession of confidential information shall take appropriate measures to safeguard such information and to protect against its improper disclosure.

(c) A Department employee or agent shall not disclose, or use for his or her private gain or advantage, any information which came into his or her possession, or to which he or she gained access, by virtue of his or her official position of employment or contractual relationship with the Department.

(d) If the Department finds that any person has violated the provisions of this subchapter, it may:

1. Commence a civil action in Superior Court for a restraining order and an injunction barring that person from further disclosing confidential information; and

2. Pursue any other remedy available by law.

(e) In addition to any other penalty that may be sought by the Department, violation of this subchapter by a Department employee shall constitute grounds for dismissal, suspension, fine or other adverse personnel action.

(f) Disclosure by an agent in violation of this subchapter or the contractual provisions described in 7:31-10.9(c) shall constitute grounds for debarment or suspension as provided in "Debarment, Suspension and Disqualification from Department Contracting," N.J.A.C. 7:1D-2, in addition to whatever other remedies may be available to the Department at equity or law.

(g) Use of any of the remedies specified under this section shall not preclude the use of any other remedy.

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