Pennsylvania Code
Title 28 - HEALTH AND SAFETY
Part IXa - MEDICAL MARIJUANA
Chapter 1141a - GENERAL PROVISIONS
Section 1141a.22 - Records subject to disclosure; confidentiality
Current through Register Vol. 54, No. 44, November 2, 2024
(a) The following records are public records and are subject to disclosure under the Right-to-Know Law (65 P.S. §§ 67.101-67.3104):
(b) The following information is considered confidential, is not subject to the Right-to-Know Law and will not otherwise be released to a person unless under court order:
(c) An applicant shall mark confidential proprietary information as confidential proprietary or trade secret information, as defined in section 102 of the Right-to-Know Law (65 P.S. § 67.102), prior to submission of a permit application to the Department.
(d) An applicant's failure to redact confidential proprietary or trade secret information in accordance with § 1141a.29(a)(2) (relating to initial permit application) will result in disclosure to the public of the confidential proprietary or trade secret information in response to a Right-to-Know Law request.
(e) In accordance with section 707(b) of the Right-to-Know Law (65 P.S. § 67.707(b)), the Department will make an independent determination as to whether to release the information marked as confidential proprietary or trade secret.
(f) Nothing in this section shall preclude the Department from releasing de-identified data for research purposes, subject to approval and oversight by the Department and an IRB to ensure that the use of the data is limited to the specified research purposes.
(g) Notwithstanding subsection (b), in accordance with section 301(a)(11) of the act (35 P.S. § 10231.301(a)(11)), the Department may collaborate with other Commonwealth agencies as necessary to carry out the provisions of the act and this part. Collaboration shall include the sharing of information, including information deemed confidential under the act and this part, with any other agency, when needed to investigate a potential violation of the act or this part. Information shared under this section shall remain confidential and may not be disclosed except for investigatory or enforcement purposes.
This section cited in 28 Pa. Code § 1141a.29 (relating to initial permit application); and 28 Pa. Code § 1141a.32 (relating to diversity goals).