Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-31-4 - Determination of Confidentiality4.1. In the course of his or her determination of whether the information claimed to be confidential is a trade secret in accordance with this rule, the Director shall consider the following criteria:4.1.a. The claim of confidentiality has not expired by its terms, nor been waived or withdrawn;4.1.b. The person asserting the claim of confidentiality has satisfactorily shown that it has taken reasonable measures to protect the confidentiality of the information, and that it intends to continue to take such measures;4.1.c. The information claimed confidential is not, and has not been, reasonably obtainable without the person=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);4.1.d. No statute specifically requires disclosure of the information; and4.1.e. Either-- 4.1.e.1. The person has satisfactorily shown that disclosure of the information is likely to cause substantial harm to the business=s competitive position; or4.1.e.2. The information is voluntarily submitted information, and its disclosure would likely to impair the State=s ability to obtain necessary information in the future.4.2. Notice of Determination by the Director.4.2.a. Upon a determination made pursuant to request, the Director shall provide written notice of his or her determination of confidentiality to the designee and to the person requesting the disclosure of confidential information. If the Director determines that disclosure of information claimed confidential shall be made, the notice shall advise the designee and the person requesting disclosure of the information that will be disclosed, a time not less than ten (10) days from the date the notice was received by the designee, and place at which the person may inspect and copy the documents.4.2.b. The Director may perform a determination of confidentiality without request, and upon such a determination, the Director shall provide written notice of his or her determination of confidentiality to the designee.