1. 1. The agency shall keep confidential all information:

   1. (a) submitted under a request for confidentiality pursuant to R850-13-400(1) that the director agrees is of a proprietary nature; or
   2. (b) that is proprietary information and submitted pursuant to R850-13-400(4) or R850-13-400(5).

2. 2. The agency may not disclose proprietary information subject to confidentiality under R850-13-500(1) to third parties unless:

   1. (a) the provider agrees to the disclosure in writing;
   2. (b) the information becomes publicly available other than through disclosure by the agency;
   3. (c) the information is provided to the agency by a third party that has no confidentiality obligation to the provider with respect to the disclosed information;
   4. (d) the information is independently developed by the agency without use of the proprietary information;
   5. (e) the information is required to be disclosed by an administrative or judicial order; or
   6. (f) federal or state law requires the information to be of a non-proprietary nature.

KEY: proprietary information, confidential, information, confidentiality

Date of Enactment or Last Substantive Amendment: September 8, 2021

Authorizing, and Implemented or Interpreted Law: 53C-1-302(1)(a)(ii); 53C-2-102(3)