Section 701.29 - Third-Party Information Held by the Institute(a) In order to protect the actual or potential value of information submitted to the Institute by a Grant Applicant or a Grant Recipient, the Institute shall undertake reasonable efforts to protect Third-Party Information as described herein from unauthorized public disclosure, consistent with the requirements of Chapter 552, Texas Government Code.(b) With the exception of information set forth in subsection (g) of this section, the Institute shall consider the following material confidential: (1) Information that relates to a Grant Applicant's or Grant Recipient's product, device, or process that has the potential for being sold, traded, or licensed for a fee, including the application or use of such product, device, or process;(2) All technological or scientific information developed in whole or in part by the Grant Applicant or Grant Recipient that has the potential for being sold, traded, or licensed for a fee;(3) All information that relates to the plans, specifications, blueprints, and designs, including related proprietary information, of a scientific research and development facility;(4) Written comments made by one or more Scientific Research and Prevention Programs Committee Members that reveals, directly or indirectly, information relating to the Grant Applicant's or Grant Recipient's product, device, or process that has the potential for being sold, traded, or licensed for a fee, including the application or use of such product, device, or process; and(5) Information included in the business operations and management due diligence and intellectual property reviews conducted for the Grant Review Process that reveals, directly or indirectly, information relating to the Grant Applicant's or Grant Recipient's product, device, or process that has the potential for being sold, traded, or licensed for a fee.(c) The Institute shall consider that a product, device, or process and the technological or scientific information described in the Grant Application submitted to the Institute has the potential for being sold, traded, or licensed for a fee unless the Grant Applicant informs the Institute that no economic potential exists.(d) The confidential nature of the information submitted by the Grant Applicant or Grant Recipient is not dependent upon whether the information is patentable or capable of being registered under copyright or trademark laws.(e) Oversight Committee Members, Institute Employees, Program Integration Committee Members, and Scientific Research and Prevention Programs Committee Members may access Third-Party Information solely for Institute purposes. All Third-Party Information in the individual's possession must be returned to the Institute or destroyed immediately upon the Institute's request or upon the termination of individual's employment with or service to the Institute, whichever comes first. An individual given access to Third-Party Information described herein shall not: (1) Publicly disclose Third-Party Information for any reason unless the Institute's General Counsel determines that the disclosure is either permitted or required by law;(2) Use non-public Third-Party Information for the individual's own personal gain or for the gain of other parties; or(3) Copy Third-Party Information, for any reason, except as required to fulfill their duties for the Institute.(f) The Institute may establish procedures to protect non-public Third-Party Information from unauthorized disclosure such as the use of non-disclosure agreements.(g) Notwithstanding the foregoing, the following Third-Party Information is public information and shall be disclosed under Chapter 552, Texas Government Code: (1) The Grant Applicant's name and address;(2) The amount of Grant Award funding applied for;(3) The type of cancer to be addressed under the Grant Application;(4) The high-level summary of the Grant Application specifically created to be publicly disclosed;(5) Any other Third-Party Information submitted to the Institute by a Grant Applicant or Grant Recipient if the third-party consents to the disclosure of the information; and(6) The records of a nonprofit organization established to provide support to the Institute.25 Tex. Admin. Code § 701.29
The provisions of this §701.29 adopted to be effective March 2, 2014, 39 TexReg 1380