For each claim the Director or his or her designee shall determine whether the record or information relates to processes or methods entitled to protection as trade secrets.
003.01. In making such determination which shall be in writing, the Director shall consider whether; 003.01(A). The claimant has asserted a business confidentiality claim which has not expired by its terms, nor been waived nor withdrawn;003.01(B). 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;003.01(C). The information or record is not, and has not been, reasonably obtainable without the business's 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);003.01(D). No statute, specifically requires disclosure of the information or record; and003.01(E). The claimant has satisfactorily shown that disclosure of the information or record is likely to cause substantial harm to the business's competitive position.454 Neb. Admin. Code, ch. 15, § 003
Amended effective 8/19/2023