Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-4 - STATE LANDS DIVISION › Section 220-4-.07 - State Of Alabama Natural Heritage Program - Confidentiality Of Information

Current through Register Vol. 42, No. 9, June 28, 2024
(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.