Section 455K.4. Waiver of privilege — disclosure.

  1.  The privilege described in section 455K.3 shall not apply to the extent that the privilege is expressly waived in writing by the owner or operator who prepared the environmental audit report or caused the report to be prepared.

  2.  Disclosure of an environmental audit report or any other information generated by an environmental audit does not waive the privilege established in section 455K.3 if the disclosure meets any of the following criteria:

  a.  The disclosure is made to address or correct a matter raised by the environmental audit and the disclosure is made to any of the following:

  (1)  A person employed by the owner or operator, including temporary and contract employees.

  (2)  A legal representative of the owner or operator.

  (3)  An officer or director of the regulated facility or operation or a partner of the owner or operator.

  (4)  An independent contractor retained by the owner or operator.

  b.  The disclosure is made under the terms of a confidentiality agreement between any person and the owner or operator of the audited facility or operation.

  3.  A party to a confidentiality agreement described in subsection 2, paragraph “b”, who violates that agreement is liable for damages caused by the disclosure and for any other penalties stipulated in the confidentiality agreement.

  4.  Information that is disclosed under subsection 2, paragraph “b”, is confidential and is not subject to disclosure under chapter 22.

  5.  The protections provided by federal or state law shall be afforded to individuals who disclose information to law enforcement authorities.

  6.  The provisions of this chapter shall not abrogate the protections provided by federal and state law regarding confidentiality and trade secrets.

98 Acts, ch 1109, §4

; 2011 Acts, ch 106, §15, 17