New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 3 - TRADE SECRETS › Section 8:59-3.7 - Confidentiality and security of trade secret information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All trade secret
				information in support of a trade secret claim, pending or approved, shall be
				treated as confidential in accordance with (b) through (h) below.
(b) Information regarding trade secret claims,
				pending or approved, shall only be communicated in person or in writing, among
				persons authorized pursuant to
				8:59-3.7 and 3.15, as well as between
				employers and such authorized persons. Said information shall not be communicated
				over telecommunications networks, including, but not limited to, telephones,
				computers connected by modems, or electronic mail systems. An exception may be made
				to this provision for emergencies pursuant to
				8:59-3.15(g).
(c) The DOH/DEP shall transmit any document, which
				contains information that the employer claims to be a trade secret, to the employer
				or any other authorized person by certified mail return receipt requested, by
				personal delivery, or by other means that requires verification of receipt, the date
				of receipt, and the name of the person who receives the document.
(d) The DOH/DEP shall communicate only with the
				employer's chief executive officer or the chief executive officer's designated
				representatives, such designation to be made in writing, regarding the trade secret
				claim. The DOH/DEP shall consider the individual signing the submitted trade secret
				claim to be the designated representative if the DOH/DEP receives no other
				communication from the employer.
(e) Any
				document that the DOH/DEP prepares for the employer, which contains information
				claimed to be a trade secret, shall display the word "CONFIDENTIAL" in bold type,
				stamped on the top of each page. The envelope containing such document shall be
				addressed to the employer's chief executive officer or the chief executive officer's
				designated representative and shall display the word "CONFIDENTIAL" in bold type on
				both sides. This envelope shall be enclosed in a plain envelope addressed for
				mailing.
(f) Except as provided in
8:59-3.15
( 7:1G-6.15 ), no person other than the Commissioner of
				the DOH/DEP, the Commissioner's designated representatives, administrative law
				judges, and their necessary staff, conducting hearings on trade secret claims, shall
				have access to information regarding a trade secret claim. All designated
				representatives shall be employees of the State. Designations shall be made in
				writing. Designated persons other than administrative law judges shall sign an
				agreement to protect the confidentiality of the information before access is
				granted. Administrative law judges shall have access to trade secret information as
				necessary to preside over prehearing activities, conduct the hearing, and render an
				initial decision, and shall return the record to the DOH/DEP pursuant to
N.J.A.C. 1:21
.
(g) All
				documents containing information regarding a trade secret claim shall be stored in a
				locked file or safe in a locked office in the DOH/DEP. The file or safe and office
				containing such documents shall be locked when not being used by authorized
				persons.
(h) Persons authorized to use
				trade secret documents pursuant to (f) above shall do so in the office in which the
				trade secret documents are stored unless the Commissioner of the DOH/DEP or the
				Commissioner's designated representative authorizes the persons to remove the
				documents. All trade secret documents that are removed shall be returned to the
				office in which the documents are stored each day by the end of the regular workday.
				The DOH/DEP shall maintain a log of persons who use documents containing trade
				secret information. The log shall include the person's name, title, the name of the
				document used, and the time of commencing and finishing use of the document. No
				trade secret document shall be delivered between offices by persons who are not
				authorized to handle said documents. Such documents shall not be duplicated unless
				necessary for purposes of
8:59-3.15
or if the DOH/DEP determines
				that it is absolutely necessary to carry out its responsibilities under the Act. If
				so duplicated, the document shall be marked as a copy, but treated as if it was an
				original document. The copy shall be destroyed immediately after completion of the
				use for which it was intended.