1. Materials and data submitted to, or made or received by, the council or industrial
commission, to the extent that the council or industrial commission determines the
materials or data consist of trade secrets or commercial, financial, or proprietary
information of individuals or entities applying to or contracting with the commission or
receiving council or industrial commission services under this chapter, are subject to
section 44-04-18.4.
2. a. A person or entity must file a request with the council or industrial commission to
have material designated as confidential under subsection 1. The request must
contain any information required by the council or industrial commission and must
include at least:
(1)A general description of the nature of the information sought to be protected.
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1. Materials and data submitted to, or made or received by, the council or industrial
commission, to the extent that the council or industrial commission determines the
materials or data consist of trade secrets or commercial, financial, or proprietary
information of individuals or entities applying to or contracting with the commission or
receiving council or industrial commission services under this chapter, are subject to
section 44-04-18.4.
2. a. A person or entity must file a request with the council or industrial commission to
have material designated as confidential under subsection 1. The request must
contain any information required by the council or industrial commission and must
include at least:
(1) A general description of the nature of the information sought to be protected.
(2) An explanation of why the information derives independent economic value,
actual or potential, from not being generally known to other persons.
(3) An explanation of why the information is not readily ascertainable by proper
means by other persons.
(4) A general description of a person or entity that may obtain economic value
from disclosure or use of the information, and how the person or entity may
obtain this value.
(5) A description of the efforts used to maintain the secrecy of the information.
b. The fact that a request has been made is exempt.
3. The information submitted pursuant to subsection 2 is confidential. The council or
industrial commission shall examine the request and determine whether the
information is relevant to the matter at hand and is a trade secret under the definition
in section 47-25.1-01 or 44-04-18.4. If the council or industrial commission determines
the information is either not relevant or not a trade secret, the council or industrial
commission shall notify the requester and the requester may ask for the return of the
information and request within ten days of the notice. If no return is sought, the
information and request are a public record.
4. The names or identities of independent technical reviewers on a project or program
and the names of council members making recommendations are confidential, may
not be disclosed by the council, and are not public records subject to section 44-04-18
or section 6 of article XI of the Constitution of North Dakota.