N.J. Admin. Code § 14:1-12.13

Current through Register Vol. 56, No. 12, June 17, 2024

Section 14:1-12.13 - Disclosure of confidential information to contractors

(a) The custodian may disclose confidential information to a contractor, if the custodian complies with the procedure under (b) below, and if:

1. The custodian determines that such disclosure is necessary in order for the contractor to perform the work required by the contract;

2. The contract provides that the contractor and the contractor's employees shall use the confidential information only for the purpose of performing the duties required by the contract, shall refrain from disclosing the confidential information to anyone other than the custodian, shall store all records containing the confidential information in locked cabinets in secure rooms, and shall return to the custodian all originals and all copies of the information (and any abstracts or extracts therefrom, or any records containing any of the confidential information) when the confidential information is no longer necessary to enable the contractor to perform its obligations under the contract, or at any time upon the request of the custodian; and

3. At the request of the claimant, the contractor contracts with the claimant to refrain from further disclosure of the confidential information.

(b) Before disclosing confidential information to a contractor under (a) above, the custodian shall notify the claimant of the proposed disclosure in writing, delivered by certified mail, return receipt requested, at least 14 days before making the disclosure. The notice shall state the information to be provided, the identity of the contractor and the scheduled date of disclosure. If, at least three working days before the scheduled date of disclosure, the claimant delivers to the custodian information sufficient to establish, to the custodian's satisfaction, that the proposed disclosure involves trade secrets, proprietary commercial or financial information or would likely cause damage to either a competitive or bidding position or national security, the custodian shall refrain from making the disclosure.

N.J. Admin. Code § 14:1-12.13