53B-16-304 - Business confidentiality claims.
53B-16-304. Business confidentiality claims.
(1) (a) Any person who provides to a public institution of higher education a record thatthe person believes should be protected under a provision listed in Subsection63G-2-309(1)(b)(i), restricted under Section 53B-16-302, or both protected under a provisionlisted in Subsection 63G-2-309(1)(b)(i) and restricted under Section 53B-16-302, shall providethe public institution of higher education:
(i) a written claim of business confidentiality; and
(ii) a concise statement of reasons supporting the claim of business confidentiality.
(b) The person described in Subsection (1)(a) shall make the filing at the commencementof:
(i) the sponsored research project; or
(ii) the technology transfer process.
(c) A claim of business confidentiality submitted under this Subsection (1) shall cover allprotected and restricted records exchanged during the:
(i) sponsored research project; or
(ii) technology transfer process.
(2) The inadvertent failure to make a legally adequate claim of business confidentiality atthe time required by Subsection (1) does not prejudice the claimant's right to make a legallyadequate claim at a different time before disclosure of the record.
Amended by Chapter 382, 2008 General Session