18 AAC 34.025. Confidentiality of trade secrets

(a) The department will, in its discretion, require a person subject to this chapter to disclose a trade secret to the department to assist the department in evaluating a permit application or in determining compliance with this chapter. If the person disclosing the required information certifies in writing that public disclosure of the information, including information contained in a photograph taken by a department employee, would reveal a trade secret as defined in AS 45.50.940 , the department will keep the information confidential while it determines if the public interest that would be served by disclosure is outweighed by the person's privacy interest. The department will continue to keep the information confidential if it finds the information is entitled to protection. If the department finds that the information is not entitled to protection, the department will notify the person disclosing the information in writing that the information will be subject to disclosure after 10 days. Unless ordered by a court to disclose the information, the department will keep the information confidential through the 10-day period, any administrative appeal of the department's finding initiated during the 10-day period, and any judicial appeal of the final agency decision.

(b) The department will, in its discretion, disclose information that is confidential under this section under a continuing restriction of confidentiality to other departments of the state or United States or to a court

(1) to protect against an imminent threat to public health or safety;

(2) in a proceeding to deny, modify, suspend, or revoke a permit required under this chapter; or

(3) in pursuit of an enforcement activity.

History: Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152

Authority: AS 17.20.005

Editor's note: Effective 12/2/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 34.025, without change, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18 AAC 34 from AS 03.05 to AS 17.20.

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