(a) Information contained in applications for a certification or any supporting documents shall be considered not to be confidential unless the owner claims and substantiates to the satisfaction of the department pursuant to the procedures contained in Part 616.7 of this Title that the information contained in the application is protected by section 87, subdivision 2, paragraph (d) of the Public Officers Law.

(b) Any information in the possession of the department may be offered and received in evidence, where otherwise admissible, in an adjudicatory or court proceeding authorized by law. Such information also must be provided to a government official whenever possession of the information is necessary to the performance of such official's duties. However, the department shall take such precautions as may be consistent with the nature of the information and the circumstances of its release necessary to protect the confidentiality of any information which is required to be held confidential pursuant to subdivision (a) of this section or under other applicable provisions of law.