Or. Admin. Code § 123-084-0080 - Records and Data Confidentiality

(1) Data or information regarding an entity or Project in Grant Agreements, applications, reports, or related materials or communications provided to the Department will be public records subject to disclosure, except for information that qualifies as a public records exemption under ORS 192.311 to 192.478 (Oregon Public Records Law).

(2) When submitting materials to the Department, it is the applicable company or organization's responsibility to mark material believed exempt from disclosure under Oregon Public Records Law. To designate a portion of materials as exempt from disclosure under the Oregon Public Records Law, the company or organization shall:

(a) Clearly identify in the body of the submission only the limited material that is believed to be a trade secret or would otherwise be exempt under public records law;

(b) Identity the public records law exemption(s) that is believed to apply; and

(c) Provide a justification for how each portion designated as exempt meets the criteria under the public records law.

(3) Upon an applicable Public Records Law request, the Department shall determine whether any materials are exempt from disclosure and will redact from disclosure only that data or information.

(4) Companies and organizations are advised to consult with their legal counsel regarding disclosure issues. They may wish to limit the amount of trade secret information or other data or information submitted, providing only what is necessary to submit a complete and competitive application or comply with legal requirements.

Notes

Or. Admin. Code § 123-084-0080

OBDD 9-2024, temporary adopt filed 05/06/2024, effective 5/6/2024 through 11/1/2024; OBDD 17-2024, adopt filed 07/15/2024, effective 7/15/2024

Statutory/Other Authority: ORS 285A.075 & 2023 Or. Laws, chapter 546, section 5(3)(c)

Statutes/Other Implemented: Or. Laws 2023, Ch.546, Sections 3-6