New York Environmental Conservation Law Section 27-1311 - Confidentiality.

27-1311. Confidentiality.

1. The department or any other state agency shall hold confidential any information in any report to the department made pursuant to section 27-1307 of this article or any records secured by the department or any inspection, sampling or analysis made by the department pursuant to section 27-1309 of this article or obtained while implementing a remedial program pursuant to section 27-1313 of this article when the site owner or operator or a generator who contributed to any waste disposed of at the site requests that such information is entitled to protection under paragraph (d) of subdivision two of section eighty-seven of the public officers law and rules and regulations promulgated thereunder. Release of such information shall be in accordance with article six of the public officers law.

2. Any agent, consultant, contractor or other person authorized by the commissioner pursuant to this title shall hold such information confidential. Release of any such information by any agent, consultant, contractor or other person authorized by the commissioner shall only be made after a determination by the commissioner pursuant to the procedures set forth in article six of the public officers law.

3. Nothing herein shall restrict the exchange of information between the department and its agents, consultants, contractors or other persons authorized by the commissioner pursuant to this title or between separate agents, consultants, contractors or other persons authorized by the commissioner pursuant to this title.


Last modified: February 3, 2019