N.J. Admin. Code § 7:1K-10.4

Current through Register Vol. 57, No. 1, January 6, 2025

Section 7:1K-10.4 - Disclosure of confidential information or assertedly confidential information for the protection of public health

(a) Notwithstanding any other provision of this chapter, the Department may disclose confidential information or assertedly confidential information to an officer or employee of the State in connection with the official duties of the officer or employee under any law for the protection of public health.

(b) The following procedure shall apply to the disclosure of information by the Department to officers or employees of the State under any law for the protection of public health:

1. The Department shall inform the claimant that the Department is considering using the information in connection with the law for the protection of public health and shall afford the claimant a reasonable time for comment;

2. The claimant shall submit comments concerning the proposed use of the information to the Department within the time allotted pursuant to (b)1 above, including comments which may support a determination that the information is not relevant to the proceeding, or that the disclosure of the information in the proceeding is not necessary to protect the public health;

3. The Department may disclose the confidential information in connection with any law for the protection of public health if, upon consideration of the comments submitted pursuant to (b)1 above, the Department determines that the information is relevant to the subject of the proceeding, that the use of the information in the proceeding will protect the public health, and that it materially impairs the protection of the public health to limit the use of the information to a manner which preserves its confidentiality.

N.J. Admin. Code § 7:1K-10.4