(a) Except as otherwise provided in this title, confidential information that an employee or authorized representative of the Office or the Office of Policy Analysis obtains during a performance evaluation: (1) remains confidential; and (2) may not be disclosed except to another employee or authorized representative of the Office or the Office of Policy Analysis. (b) Information obtained during a performance evaluation may be provided in a format that protects the confidentiality of individuals as necessary. (c) The Director may authorize the disclosure of confidential information obtained during a performance evaluation only to the following: (1) another employee of the Department, with the approval of the Executive Director; (2) federal, State, or local officials, or their auditors, who provide evidence to the Director that they are performing investigations, studies, or audits related to that same examination and who provide justification for the specific information requested; or (3) the Joint Audit and Evaluation Committee, if necessary to assist the Committee in reviewing a report issued by the Office. (d) Except as provided in § 2-1239 of this subtitle, if information that an employee or authorized representative obtains during a performance evaluation also is confidential under another law, the employee, authorized representative, or the Director may not include in a report or otherwise use the information in any manner that discloses the identity of any person who is the subject of the confidential information.
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