N.J. Admin. Code § 12:6-1.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 12:6-1.4 - Authorized disclosure of complainant or witness PII

(a) Under the following circumstances, the Department shall be permitted to disclose information otherwise prohibited from disclosure pursuant to N.J.A.C. 12:6-1.3(a) or

(b):

1. When such disclosure is deemed necessary by the Department for the purpose of administering any statute enforced by the Department, or any chapter of Title 12 of the New Jersey Administrative Code, including when such disclosure is deemed necessary by the Department to conduct its investigation into whether a violation of statute, or of any chapter of Title 12 of the New Jersey Administrative Code, has occurred;

2. To officers or employees of an agency of the Federal government, or a State or local government, if such a disclosure would not impede the enforcement of, and are not inconsistent with the purposes of, any statute enforced by the Department or any chapter of Title 12 of the New Jersey Administrative Code, provided the following:

i. The agency of the Federal government or a State or local government requesting the information is not the entity against which the complaint was filed;

ii. Requests by law enforcement agents shall be made in writing, the identity of the requestor shall be verified prior to the release of information by the showing of a badge, warrant, written and signed request on agency letterhead, or some other similar indication of official purpose, and the law enforcement agent certifies in writing that the confidentiality of the disclosed information shall be maintained; and

iii. Public officials shall establish that the information requested is to be used in furtherance of their public duties and shall certify in writing on agency letterhead that the confidentiality of the disclosed information shall be maintained.

3. When such disclosure has been ordered by a court or tribunal of competent jurisdiction.

N.J. Admin. Code § 12:6-1.4

Adopted by 52 N.J.R. 1615(a), effective 8/17/2020