N.Y. Comp. Codes R. & Regs. tit. 21 § 10050.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 10050.3 - Trade secrets

(a) A trade secret may consist of any formula, process, device or compilation of information which is used in one's business and which provides an opportunity to obtain an advantage over competitors who do not know or use it.

(b) Records or portions of records constituting trade secrets shall be so designated by the authority and shall be filed or maintained in secure facilities of the authority to which access is limited. Records or portions of records constituting trade secrets shall be held in the custody of the records access officer and shall be available for inspection and study by the trustees, executive director, President of Shoreham Project, general counsel, executive director or their respective designees.

(c) A person acting pursuant to law or regulation who, on or after January 1, 1982, submits any record to the authority may, at the time of submission, request that the authority, in accordance with the provisions of section 89(5) of the New York Public Officers Law, designate such record or any portion thereof as a trade secret and except such information from public disclosure under section 87(d)(2) of such law. Any such request shall identify in writing the record or part thereof alleged to be a trade secret and state the reasons why, pursuant subdivision (d) of this section, such record or portion thereof should be excepted from public disclosure. Within 15 business days of receipt of a written request for an exception, the authority will either grant or deny such request in writing.

(d) A person requesting trade secret status for information submitted to the authority shall identify the reasons why the information should be considered a trade secret. The request shall indicate:

(1) the specific information requested to be considered a trade secret, including where applicable, page or form and line, chart or table designation;

(2) the confidential nature of the information, including a description of the nature and extent of the injury to the person's competitive position which would be incurred were the information to be disclosed;

(3) whether the information is treated as confidential by the submitter, including whether it has been made available to others;

(4) whether any patent, copyright or similar legal protection exists for the information;

(5) whether the public disclosure of such information is otherwise restricted by law and the specific source and contents of such restrictions;

(6) the date upon which such information will no longer need to be kept confidential;

(7) whether the request itself contains information which, if disclosed, would defeat the purpose for which trade secret status is sought; and

(8) other relevant factors.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 10050.3