N.Y. Comp. Codes R. & Regs. tit. 9 § 550.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 550.7 - Protection of trade secrets

(a) In addition to the prohibitions on disclosure described in section 550.5(d) of this Part, the records access officer may deny access to records or portions thereof that are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which, if disclosed, would cause substantial injury to the competitive position of the subject enterprise.

(1) Any person who submits information to the office, which is not otherwise exempted from disclosure under the laws of the State of New York or the United States, may request that the records access officer except such information from disclosure as a trade secret pursuant to sections 87(2)(d) and 89(5) of the Freedom of Information Law. Where the request itself contains information which, if disclosed, would defeat the purpose for which the exception is sought, such information will also be excepted from disclosure.

(2) The request to the records access officer for an exception must be in writing, specify the information or portions thereof for which the exception is requested, and state the reasons why such information should be excepted from disclosure.

(3) Records or parts of records identified as trade secrets at submission shall continue to be charged to the custody of the head of the division, bureau or office with which the record is filed. That individual shall specify which persons subject to his or her supervision may inspect such records. The executive deputy commissioner, the records access officer, the records appeals officer and his or her assistant or assistants shall be entitled to inspect such records.

(b) The records access officer shall, at any time, or upon receipt of a request for disclosure of such a record, determine whether the request for exception will be granted, continued, terminated or denied. Before doing so, such officer shall:

(1) notify the person who requested the exception that a determination is to be made, and of such person's right to submit a written statement within 10 business days of receipt of the notice, regarding the necessity for granting or continuing the exemption from disclosure;

(2) permit the person who requested the exception, within 10 business days of receipt of notification from the department, to submit a written statement of the necessity for the granting or continuation of such exception; and

(3) within seven business days of receipt of such written statement, or within seven business days of the expiration of the period prescribed for submission of such statement, issue a written determination granting, continuing or terminating such exception and stating the reasons therefor; copies of such determination shall be served upon the person, if any, requesting the record, the person who requested the exception, and the Committee on Open Government.

(c) A denial of an exception from disclosure under subdivision (b) of this section may be appealed by the person submitting the information, and a denial of access to the record may be appealed by the person requesting the record in accordance with the procedure outlined in section 550.8 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 550.7