Ala. Admin. Code r. 220-4-.07

Current through Register Vol. 43, No. 1, October 31, 2024

Section 220-4-.07 - State Of Alabama Natural Heritage Program - Confidentiality Of Information

(1)Purpose. In general, information contained in the natural heritage data bank is public information. However, Amendment 543 to the Constitution of Alabama requires the Department to establish procedures relating to the confidentiality of data and inquiries for information in order to protect natural resources and encourage use of the natural heritage data bank by public agencies and private organizations and individuals in planning or conducting their activities. Information on the specific location of rare species is sensitive information, and shall not be disclosed except in accordance with the procedures established below. Similarly, the fact that a public agency, private organization or individual has requested information from SNHP on a specific site or sites is sensitive information, and employees or contractors of the Department shall not disclose any information about such a request except in accordance with the procedures established below.

(2)Confidentiality of Information.

(a)General. Except as provided below and as provided by other applicable statute or regulation, all information contained in the natural heritage data bank and SNHP records shall be considered public information.

(b)Information Requests. When a public agency, private organization or individual has requested information from SNHP on one or more specific sites, employees or contractors of the Department shall not reveal any details of that inquiry without the prior written permission of the requesting party. However, SNHP employees may disclose such information to the Forever Wild Board, to the extent reasonably necessary, upon request of the Chairman of the Forever Wild Board. The Chairman shall ensure that such information is not inadvertently disclosed to any other person without the prior written permission of the requesting party.

(c)Location Information and Other Data. When entering data into the natural heritage data bank, the State Lands Division will make a determination as to whether that information is confidential. Each page or data field of these records shall be clearly marked "CONFIDENTIAL". For purposes of this rule, it is presumed that information on the specific location of a rare species, whether or not protected by state or federal law or regulation, is confidential. Information other than location data may be classified as confidential by the State Lands Division if such classification is reasonably necessary to ensure the protection of a rare species or biological community.

(d)Data Obtained Under Contract or from Survey Work Performed on Private Land. Biological information obtained by the SNHP as a result of a contract between the SNHP and a private organization or individual shall be considered confidential and shall not be disclosed without the prior written consent of the private organization or individual. Similarly, biological information obtained from survey work performed by SNHP on private land with the permission of the landowner shall be considered confidential and shall not be disclosed without the prior written consent of the landowner.

(e)Disclosure of Confidential Information. In responding to a request for information, the Department shall first provide all responsive non-confidential information, along with a notation of whether the database contains confidential information relating to the subject inquiry. The requesting party may obtain confidential information relating to the location of a rare species or biological community on the following conditions:

(1) the recipient of the information agrees in writing not to disclose the information;

(2) the recipient of the information agrees in writing to take reasonable precautions to ensure the security of the information; an (3) the State Lands Division determines from written justification presented by the requesting party that said party's reasons for requesting the information are consistent with the purposes of the SNHP as stated in 220-4-.05.

Ala. Admin. Code r. 220-4-.07

New Rule: July 28, 1997; effective September 2, 1997.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 12, September 28, 2018, eff. 10/20/2018.

Author: Christopher M. Blankenship

Statutory Authority:Code of Ala. 1975, § 9-2-12 (1987 Repl. Volume); Ala. Const. Amend. 543, §§5(b), 11(b).