University of Connecticut v. Freedom of Information Commission
36 A.3d 663
Conn.2012Background
- Pelto filed a FOIA request to the University seeking disclosure of four databases: season-ticket holders, Jorgensen Auditorium subscribers/ buyers/ prospects, Center for Continuing Studies contacts, and library donors.
- The university refused to disclose these databases, invoking the trade secrets exemption in § 1-210(b)(5)(A) and the education records exemption for education-related data.
- The Commission preliminarily found (with limited exceptions) that the databases were trade secrets and ordered disclosure subject to anonymity protections for donors and education records.
- The trial court held that the university could create a trade secret and remanded for further findings on one database (library) and declined to require disclosure.
- The Commission appealed, arguing public agencies can create trade secrets, while the University argued the exemption extends to agency-created trade secrets.
- On appeal, the Supreme Court affirmed the trial court, holding that a public agency may create trade secrets and that the agency need not be principally engaged in a traditional trade to qualify for § 1-210(b)(5)(A) protection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must a public agency be engaged in a trade to shield info as a trade secret? | University: agency-created information can be a trade secret under § 1-210(b)(5)(A). | Commission: trade-secret exemption applies only if the entity engages in a trade. | Negative; agency creation suffices if criteria met. |
| Was the commission's evidentiary claim properly before the court or waived? | Waiver of the evidentiary challenge. | Any evidentiary challenge should be reviewed. | Claim waived; not reviewed on appeal. |
Key Cases Cited
- Commissioner of Public Safety v. Freedom of Information Commission, 301 Conn. 323 (2011) (statutory interpretation of FOIA and NAS)
- Hartford v. Freedom of Information Commission, 41 Conn.App. 67 (1996) (distinguishing issues beyond the scope of exemption)
- Alexandre v. Commissioner of Revenue Services, 300 Conn. 566 (2011) (briefing and waiver principles in appellate review)