Current through Register Vol. 56, No. 24, December 18, 2024
(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 registrant to the proposed disclosure;
and
6. The other agency
has adopted regulations 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 of (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 which 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 of (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
which 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 in (e) below, the Department shall notify in writing the owner or
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 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 or operator's qualified person to
such disclosure.
1. The giving of consent by
an owner or 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.
