3.7. Confidentiality claims (63G-2-309)
There are two different claims to confidentiality. First, a claim of confidentiality can be asserted if the record includes either or both of the following information:
- trade secrets as defined in Section 13-24-2 Links to an external site. (Subsection 63G-2-305 Links to an external site.(1));
- commercial or non-individual financial information if disclosure could result in injury, unfair competitive advantage, or impair obtaining information in the future (Subsection 63G-2-305 Links to an external site.(2)).
A person who provides such a protected record to a governmental entity shall provide: 1) a written claim of business confidentiality and 2) a concise statement of reasons supporting the claim of business confidentiality.
63G-2-309 Links to an external site.. Confidentiality claims.
(1) (a) (i) Any person who provides to a governmental entity a record that the person believes should be protected under Subsection 63G-2-305 Links to an external site.(1) or (2) or both Subsections 63G-2-305 Links to an external site.(1) and (2) shall provide with the record:
- (A) a written claim of business confidentiality; and
- (B) a concise statement of reasons supporting the claim of business confidentiality.