HARRY HUGHES, Governor

187

4-102. CONFIDENTIAL RECORDS PROTECTED.

(A)  CUSTODY AND USE GENERALLY RESTRICTED.

(1)  EACH CONFIDENTIAL RECORD SHALL REMAIN IN THE
CUSTODY AND CONTROL OF:

(I)  THE DRUG ABUSE ADMINISTRATION, IF THAT
ADMINISTRATION ASSEMBLED OR OBTAINED THE CONFIDENTIAL
RECORD;

(II)  THE JUVENILE SERVICES ADMINISTRATION,
IF THAT ADMINISTRATION ASSEMBLED OR OBTAINED THE
CONFIDENTIAL RECORD; OR

(III)  THE SECRETARY OR AN AGENT OR
EMPLOYEE OF THE SECRETARY, IF THE SECRETARY ASSEMBLED OR
OBTAINED THE CONFIDENTIAL RECORD.

(2)  THE CONFIDENTIAL RECORD MAY BE USED ONLY FOR
THE RESEARCH AND STUDY FOR WHICH IT WAS ASSEMBLED OR
OBTAINED.

(3)  A PERSON MAY NOT DISCLOSE ANY CONFIDENTIAL
RECORD TO ANY PERSON WHO IS NOT ENGAGED IN THE RESEARCH OR
STUDY PROJECT.

(B)  EXCEPTIONS AS TO SUMMARIES OR REFERENCES.

THIS SECTION DOES NOT APPLY TO OR RESTRICT THE USE OR
PUBLICATION OF ANY STATISTICS, INFORMATION, OR OTHER
MATERIAL THAT SUMMARIZES OR REFERS TO CONFIDENTIAL RECORDS
IN THE AGGREGATE, WITHOUT DISCLOSING THE IDENTITY OF ANY
PERSON WHO IS THE SUBJECT OF THE CONFIDENTIAL RECORD.

REVISOR'S NOTE: This section is new language that
combines, without substantive change, former
Article 43, § l-I(a), (d), and the first sentence
of (b), former Article 43B, § 22(a), (d), and
the first sentence of (b), and former Article
52A, § 8(b), (d), and the first sentence of (c).

In subsection (b) of this section, the clause
"who is the subject of the confidential record"
is new language added to clarify those persons
whose identity is protected.

Former Article 43, § l-I(c) and former Article
43B, § 22(c), which stated that CJ §§ 5-302 and
10-205(a) applied to the confidential records of
the Secretary and Drug Abuse Administration,
respectively, are deleted as misleading in that
other provisions of law also apply to those
records and as unnecessary since the provisions
would apply in any event.