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 (Civil Penalty Determination for Failure to Comply with Confidentiality Agreement). 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 (Civil Penalty Determination for Failure to Comply with Confidentiality Agreement).
(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 (Pesticide Users Required to Report) through 603-057-0416 (Reports of Pesticide Use for Research).
Rule 603-057-0417 — Access to Reported Information,