N.Y. Comp. Codes R. & Regs. tit. 9 § 2650.9

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

Section 2650.9 - Trade secret and commercial information exceptions

(a) The records access officer shall, pursuant to article 6 of the Public Officers Law, deny a request for records or portions thereof that are trade secrets or are submitted to the division 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.

(b) Any party submitting records to the division that seeks an exemption from disclosure on the ground stated in subdivision (a) of this section shall:

(1) submit a written request for an exemption from disclosure to the records access officer;

(2) submit the request at the time the records purportedly containing trade secret information or confidential commercial information are submitted to the division; and

(3) the party who seeks an exemption from disclosure shall:

(i) clearly identify the trade secret information or the confidential commercial information likely to cause substantial competitive injury;

(ii) include the name and title of an individual who may be contacted concerning the request; and

(iii) state reasons why the information is either a trade secret or confidential commercial information likely to cause substantial competitive injury if disclosed.

(c) With respect to information submitted as provided for in subdivision 5 of section 89 of the Public Officers Law, such information shall be excepted from disclosure and maintained by the division apart from all other records until 15 days after the entitlement to such exception has been finally determined or such further time as ordered by a court of competent jurisdiction. The records access officer shall be responsible for the custody of such information. Each division employee who has custody of such information shall take appropriate measures to safeguard such records and to protect against their unauthorized disclosure.

(d) Within seven business days of receipt of a request pursuant to subdivision (b) of this section, the division shall issue a written determination granting or denying such exception and stating the reasons therefor. Copies of such determinations shall be served upon the person, if any, requesting the record, the person who requested the exception and the Committee on Open Government.

(e) A denial of an exception from disclosure 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.

(f) Within seven business days of receipt of written notice denying the request, the person may file a written appeal from the division's determination with the records appeals officer.

(g) The appeal shall be determined within 10 business days of the receipt of the appeal. Written notice of the determination of such appeal shall be served upon the person, if any, requesting the record, the person who requested the exception and the Committee on Open Government. The notice shall contain a statement of the reasons for the determination.

(h) A proceeding to review a determination adverse to a person requesting an exception from disclosure pursuant to this subdivision may be commenced pursuant to article 78 of the Civil Practice Law and Rules. Such proceeding must be commenced within 15 days of the service of the written notice containing the adverse determination.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2650.9