Rule 40-7-8-.18 - Confidentiality of Information(1) Any data, records, reports, or information obtained from any person or business entity by the Commissioner and staff under these rules shall be reasonably available to any member of the public for inspection and copying at the expense of the person or business entity requesting copies.(2) Upon proper demonstration by any person or business entity affirmatively showing, establishing, and declaring to the Commissioner that any records, reports, or information, or any particular part thereof, to which the Commissioner has access under these rules, would, if made public, divulge information entitled to protection or confidentiality under the law, the Commissioner shall consider such information or any particular portion thereof confidential in accordance with the purposes of the law under which confidentiality, trade secret, or protection has been claimed and established conclusively that the records, reports or information are entitled to this protection.(3) This rule shall apply to any data, records, reports, or information which has been established and declared by the person or business entity to be confidential, trade secrets, or of a privileged or confidential nature, and required by law to be submitted to Department of Agriculture where such data, records, or information has not been publicly released, published, copyrighted, or patented.(4) Any claim of confidentiality filed pursuant to this rule must be established and declared at the time of the initial submission of the data, records, reports or information, or the claim of confidentiality is deemed waived.(5) To establish and declare confidentiality the person or business entity must file the claim of confidentiality which must include the legal basis which establishes by a preponderance of evidence that the data, records, reports, or information is confidential and should be protected.(6) At the time of submission of the claim of confidentiality the person or business entity must submit a copy of the data, records, reports, or information which has redacted the confidential data, records, reports, or information for the public file.Ga. Comp. R. & Regs. R. 40-7-8-.18
O.C.G.A. Secs. 2-14-133, 50-18-70et seq.
Original Rule entitled "Penalty" adopted. F. Aug. 6, 2004; eff. Aug. 26, 2004.Repealed: New Rule entitled "Confidentiality of Information" adopted. F. Oct. 6, 2005; eff. Oct. 26, 2005.Amended: F. Aug. 11, 2006; eff. Aug. 31, 2006.Repealed: New Rule of same title adopted. F. June 11, 2007; eff. July 1, 2007.Repealed: New Rule of same title adopted. F. Sept. 20, 2007; eff. Oct. 10, 2007.Repealed: New Rule of same title adopted. F. Mar. 31, 2010; eff. Apr. 20, 2010.