(1) the results of that test were disclosed to any person other than the employer, an authorized employee or agent of the employer, the tested employee, or the tested prospective employee;
(2) the information disclosed is based on an inaccurate test result;
(3) an inaccurate test result is disclosed with malice; and
(4) all elements of an action for defamation of character, libel, slander, or damage to reputation as established by statute or common law, are satisfied.