For each claim the director or his or her designee will determine whether sufficient information has been provided to support the claim that the record or information relates to processes or methods are entitled to protection as trade secrets.
003.01 In making such determination, the director will consider whether: 003.01A The claimant has asserted a business confidentiality claim which has not expired by its terms, nor been waived nor withdrawn;003.01B The claimant has satisfactorily shown that it has taken reasonable measures to protect the confidentiality of the information or record, and that it intends to continue to take such measures;003.01C The information or record is not, and has not been, reasonably obtainable without the business' consent by other persons (other than governmental bodies) by use of legitimate means (other than discovery based on a showing of special need in a judicial or quasi-judicial proceeding);003.01D No statute specifically requires disclosure of the information or record; and003.01E The claimant has satisfactorily shown that disclosure of the information or record is likely to cause substantial harm to the business's competitive position.115 Neb. Admin. Code, ch. 2, § 003
Amended effective 6/24/2019