Or. Admin. Code § 603-057-0417 - Access to Reported Information
(1)
Some information reported to the Department by pesticide users is prohibited
from release to the public according to Oregon Laws 1999, Chapter 1059.
Information that would reveal the identity of the owner or lessee or the
specific location of property where a person has applied a pesticide is
prohibited from public release.
(2)
Pesticide use information reported under Oregon Laws 1999, Chapter 1059 may be
released to certain persons, provided those persons maintain the
confidentiality of any information that is required to be treated as
confidential. Persons who may receive this information are limited to the
following;
(a) Staff of the Department or
other federal or state agency which require the information as part of an
investigation conducted under provision of law; or
(b) A federal, state or local agency;
or
(c) A health or environmental
researcher, acting in an official capacity from an accredited university or
accepted research institute.
(3) A federal, state or local agency must
agree to maintain the confidentiality of the information identified in
subsection (1) of this section, unless the public interest, by clear and
convincing evidence, requires disclosure in the particular instance.
(4) Any person that releases, or causes to be
released, to the public information made confidential by Oregon Laws 1999,
Chapter 1059 may be subject to civil penalty as described in OAR 603-057-0420.
The agency, university, or research institute employing or retaining such
person or for which such person is acting in an official capacity, may also be
subject to civil penalty as described in 603-057-0420.
(5) In addition, if a person causes
information identified as confidential to be released or who fails to preserve
the confidentiality shall be denied all future access to confidential data
collected under 603-057-0410 through 603-057-0416.
Notes
Stat. Auth.: ORS 634, 561.190 & Ch. 1059 OL 1999
Stats. Implemented: Ch. 1059 OL 1999
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