Section 3.7 Confidentiality claims
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 (Subsection 63G-2-305 (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 (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. 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(1) or (2) or both Subsections 63G-2-305(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.
Second, a person or a federal, state, or local governmental entity who provides a record believed to be a protected record under Subsection 63G-2-305(40)(a)(ii) and/or (vi) shall provide the institution of higher education a written claim of confidentiality as provided under Section 53B-16-304. Records under Subsection 63G-2-305(40) are records specific to higher education; specifically, in these cases, unpublished data (Subsection 63G-2-305(40)(a)(ii)) and confidential research proposal information. (Subsection 63G-2-305(40)(a)(vi))
The governmental entity that maintains the record must notify the person or governmental entity who provided the written claim of confidentiality if, through a records request, the record is decided to be public or is decided to be disclosed under weighing provisions. The record may not be disclosed, though, until the time for appeal expires or the end of the appeals process.