(b) Upon reasonable assurance that subdivision (a) of this section has been satisfied, the department may release data in the following manner:

1. (1) De-identified and/or aggregated APD data of a public use nature may be posted to a consumer-facing website.
2. (2) APD data, including data with identifying data elements, may be released to a New York State agency or the Federal government in a manner that appropriately safeguards the privacy, confidentiality, and security of the data.
3. (3) APD data, including data with identifying data elements, may be released to other data users that have met the department’s requirements for maintaining security, privacy, and confidentiality and have approved data use agreements with the department.

(c) Data users shall adhere to security, confidentiality, and privacy guidelines established by the department to prevent breaches or unauthorized disclosures of personal information resulting from any data analysis or re-disclosure. Data users bear full responsibility for breaches or unauthorized disclosures of personal information resulting from use of APD data.

1. (1) Where the department grants data users access to APD data that does not include identifying data elements, such access shall be subject to terms and conditions established by the department.

2. (2) Data users who wish to request APD data that includes identifying data elements shall submit an application for a proposed project in a form established by the department, which shall include an explicit plan for preventing breaches or unauthorized disclosures of identifying data elements of any individual who is a subject of the information. The department’s review of the proposed project shall include, but not be limited to:

   1. (i) use of the specific identifying data elements;
   2. (ii) adherence to the department’s guidance on the appropriate and controlled release of data; and
   3. (iii) assurance on whether the release of identifying data elements reflects overall goals of confidentiality, privacy, security, and benefits to public and population health.

(d)