N.J. Admin. Code § 14:1-12.8

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

Section 14:1-12.8 - Substantiation of confidentiality

(a) To substantiate a confidentiality claim, a claimant shall submit the following information, as applicable, pursuant to the procedure set forth in 14:1-12.3 through 12.5:

1. Measures taken by the claimant to prevent disclosure of the information to others;

2. Whether the information is contained in materials which are routinely available to the general public, including, without limitation, initial and final orders in contested case adjudications, press releases, copies of speeches, pamphlets and educational materials;

3. Whether the information is contained in materials that are routinely available to other government agencies, including, but not limited to Federal, state, and municipal agencies, whether or not such entities treat this information as confidential, and the reasons therefor;

4. The extent to which the information has been disclosed to others, and the precautions taken to prevent further disclosure;

5. If the Board, custodian or any other State or Federal agency or court of competent jurisdiction has previously made a confidentiality determination relevant to the pending confidentiality claim, copies of all such determinations;

6. A description of any harmful effects which disclosure would have upon, including, but not limited to, the claimant's competitive or bidding position, trade secrets, proprietary commercial or financial information, or national security, and an explanation of the causal relationship between the disclosure and such harmful effects;

7. The period of time for which the claimant desires that the custodian treat the asserted confidential information as confidential information;

8. If known, any provision in a statute, rule, Order or other document, which would exempt the information from public disclosure; and

9. Any other substantiation which the claimant believes to be relevant in establishing that the custodian should determine the information to be confidential information.

(b) The substantiation shall be supported by an affidavit from a person with personal knowledge of the information, certifying its truth and accuracy.

(c) If the claimant fails to assert a confidentiality claim for such information at the time of submission, the claimant shall be deemed to have waived all such claims with respect to the information.

(d) Substantiation may be updated and/or supplemented by the submittal of additional information at any time. However, if an update or supplement is submitted after the custodian receives a request for the release of information that is claimed as confidential, the custodian shall take the update or supplement into account in its confidentiality determination only to the extent that the deadlines in this chapter permit.

N.J. Admin. Code § 14:1-12.8

Amended by R.2008 d.79, effective 4/7/2008.
See: 39 N.J.R. 4551(a), 40 N.J.R. 1917(a).
Added (a)3; and recodified former (a)3 through (a)8 as (a)4 through (a)9.