All facts, information, reports, orders, memoranda books, accounts, documents, and computer peripherals of any nature in the possession of the commission are available for examination by the public except the following:

1. (1) Personal information in confidential personnel records of the commission;
2. (2) Communications between counsel retained by the commission or staff and the commission and staff;
3. (3) Any information, records, or documents that constitute the work product of an attorney;
4. (4) Trade secrets or other confidential research, development, or commercial information recognized and protected by SDCL 15-6-26(c)(7) or other law;
5. (5) Information which is made confidential under any other provisions of state or federal law; and

6. (6) Information which is determined by the commission to be confidential and entitled to protection from disclosure or improper use.

   Cross-References:

   Records open to inspection, SDCL 1-27-1.

   Records declared confidential or secret, SDCL 1-27-3.

   Discovery pending action, SDCL 15-6-26.

   Attorney's duty to respect client's confidence, SDCL 16-18-18.

   Lawyer-client privilege, SDCL 19-13-2 to 19-13-4, inclusive.

   Privilege of trade secrets -- Protective measures if disclosure directed, SDCL 19-13-20.

   Uniform Trade Secrets Act, SDCL 37-29-1 to 37-29-11, inclusive.

Source: 16 SDR 148, effective March 22, 1990; 33 SDR 107, effective December 26, 2006.

General Authority: SDCL 49-1-11(6).

Law Implemented: SDCL 49-1-11(6).