(1) Anyone who is not authorized to have access to, or who is not authorized to disclose information submitted to the department under the authority of M.G.L. c. 21I, 310 CMR 50.00, or 310 CMR 3.30, but who knowingly and willfully uses, divulges or discloses to anyone else such information in a manner not authorized by M.G.L. c. 21I, 310 CMR 50.00, or 310CMR 3.30, shall be in violation of M.G.L.c. 21Iand 310,CMR50.00, and shall be subject to the penalties established in M.G.L. c. 21I, § 21(B).(2) If the commissioner determines, pursuant to 310 CMR 3.34, the information claimed as a trade secert is not a trade secret, and that the trade secret claim is or was frivolous, then the trade secret claimant shall be subject to a civil penalty not to exceed $25,000 per trade secret claim. The commissioner may assess the penalty in accordance with M.GL. c. 21 A, § 16 or may request the attorney general to bring an action in any court of competent judisdiction in the commonwealth to assess and collect the penalty.