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Environmental Protection Agency U. Trade secrets as defined in Government Code Section However, the California Public Records Act provides that air pollution emission data are always public records, even if the data comes within the definition of trade secrets. On the other hand, the information used to calculate air pollution emissions may be withheld from the public if the information is a trade secret.
Confidential Financial Statement
If a company believes that any written materials or other recorded information it may provide to the ARB constitute a trade secret or are otherwise exempt from disclosure under any provision of law, it must identify the materials as such at the time of submission to the ARB and must provide the name, address, and the telephone number of the individual to be consulted if the ARB receives a request for disclosure or seeks to disclose the data claimed to be confidential.
The ARB may ask the company to provide documentation of its claim of trade secret or exemption at a later date. Data identified as confidential will not be disclosed unless the ARB determines, in accordance the above referenced regulations, that the data do not qualify for a legal exemption from disclosure. The regulations establish substantial safeguards before any such disclosure. Disclosure of Public Records Article 1. This subchapter shall apply to all requests to the state board under the California Public Records Act Government Code Sections et seq.
Written guidelines shall govern the internal review of such requests.
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Sections and a , Health and Safety Code. California Public Records Act, Chapter 3. It is the policy of the state board that all records not exempted from disclosure by state law shall be open for public inspection with the least possible delay and expense to the requesting party.
Kehoe 42 Cal. The state board shall give notice to any person from whom it requests information that the information provided may be released 1 to the public upon request, except trade secrets which are not emission data or other information which is exempt from disclosure or the disclosure of which is prohibited by law, and 2 to the federal Environmental Protection Agency, which protects trade secrets as provided in Section c of the Clean Air Act and amendments thereto 42 USC et seq.
Sections , and , Health and Safety Code. Submissions of Confidential Data. Emission data shall not be identified as confidential. The state board shall not disclose data identified as confidential, except in accordance with the requirements of this subchapter or Section e of the Health and Safety Code. Sections and , Heath and Safety Code.
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Sections , , , , and , Health and Safety Code; Sections , and Craig 90 Cal. Howie 19 Cal. Section , Health and Safety Code. Sections , Government Code. Disclosure of Confidential Data.
A Except for the time limits specifically provided in subsection b , only subsections c and d of this section shall apply to information submitted pursuant to Health and Safety Code section e.
B Appropriate portions of an application for approval, accreditation, or certification of a motor vehicle emission control device or system shall be kept confidential until such time as the approval, accreditation, or certification is granted, at which time the application except for trade secret data shall become a public record, except that estimates of sales volume of new model vehicles contained in an application shall be kept confidential for the model year, and then shall become public records.
If an application is denied, it shall continue to be confidential but shall be subject to the provisions of this section. C If disclosure of data obtained after August 9, from a state or local agency subject to the provisions of the Public Records Act is sought, the state board shall request that the agency which provided the data determine whether it is confidential.
The state board shall not release the data if the agency determines that it is confidential and so notifies the state board; provided, however, that the data may be released with the consent of the person who submitted it to the agency from which it was obtained by the state board.
The person claiming confidentiality shall file with the state board documentation in support of the claim of confidentiality. The documentation must be received within five 5 days from the date of the telephone contact or of receipt of the mailed notice, whichever first occurs.
In the case of information submitted pursuant to Health and Safety Code section e , the documentation must be received within 30 days of the date notice was mailed pursuant to that section. The state board shall release the data in accordance with the terms of the notice unless so restrained.
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