OAR 731-070-0290
Designation of Sensitive Business, Commercial or Financial Information and Trade Secrets
(1)
The following procedure shall be followed by proposers to designate information as “sensitive business, commercial or financial information” under ORS 367.804 (Goals of Oregon Innovative Partnerships Program)(6): each individual page of a proposal that contains sensitive business, commercial or financial information must be clearly marked “Sensitive Business, Commercial or Financial Information.”(2)
A proposer may desire that certain information be considered “trade secret” information for purposes of applying the public records exemption set out in ORS 192.501(2). To qualify for that exemption, trade secret information must meet the following criteria:(a)
Not the subject of a patent;(b)
Only known to a limited number of individuals within an organization;(c)
Used in a business that the organization conducts;(d)
Of potential or actual commercial value; and(e)
Capable of providing the user with a business advantage over competitors not having the information.(3)
The following procedures shall be followed by the proposer to designate information as trade secret:(a)
Each individual page of a plan or progress report that contains trade secret information must be clearly marked trade secret;(b)
Written substantiation describing what information is considered trade secret and why must accompany the document. The written substantiation shall address the following:(A)
Identify which portions of information are claimed trade secret;(B)
Identify how long confidential treatment is desired for this information;(C)
Identify any pertinent patent information;(D)
Describe to what extent the information has been disclosed to others, who knows about the information, and what measures have been taken to guard against undesired disclosure of the information to others;(E)
Describe the nature of the use of the information in business;(F)
Describe why the information is considered to be commercially valuable;(G)
Describe how the information provides a business advantage over competitors;(H)
If any of the information has been provided to other government agencies, identify which one(s); and(I)
Include any other information that supports a claim of trade secret.(4)
Notwithstanding a proposer’s designation of information as constituting “trade secret,” and subject to a proposer’s opportunity to object to disclosure under OAR 731-070-0280 (Public Records Requests), ODOT will independently assess whether the trade secret exemption applies and whether the public interest requires disclosure when responding to a public records request.
Source:
Rule 731-070-0290 — Designation of Sensitive Business, Commercial or Financial Information and Trade Secrets, https://secure.sos.state.or.us/oard/view.action?ruleNumber=731-070-0290.