Virginia Freedom of Information Act (FOIA); trade secrets submitted to the Department of Mines

Bill

Patron

Status

House: Committee Referral Pending

Date Updated

Tuesday, January 10, 2017

VPA Position

Description

Virginia Freedom of Information Act (FOIA); trade secrets submitted to the Department of Mines, Minerals and Energy. Excludes from the mandatory disclosure provisions of FOIA trade secrets, as defined in the Uniform Trade Secrets Act (§ 59.1-336 et seq.), submitted to the Department of Mines, Minerals and Energy that identify chemical ingredient names, the chemical abstracts number for a chemical ingredient, or the amount or concentration of chemicals or ingredients used to stimulate a well pursuant to § 45.1-361.29 or Department regulations concerning such ground-disturbing activities. The bill requires that for such records to be protected, the submitting party must (i) invoke this FOIA exclusion upon submission of the data or materials for which protection from disclosure is sought, (ii) identify the data or materials for which protection is sought, and (iii) state the reasons why protection is necessary. The bill requires the Department to determine whether the information claimed to be a trade secret is entitled to such protection.

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