53H-14-204. Business confidentiality claims.
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Effective 10/14/2025
53H-14-204. Business confidentiality claims.
(a)Any person who provides to an institution a record that the person believes should be protected under a provision listed in Subsection 63G-2-309(1)(b)(i) , restricted under Section 53H-14-202 , or both protected under a provision listed in Subsection 63G-2-309(1)(b)(i) and restricted under Section 53H-14-202 , shall provide the institution:
(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 commencement of:
(i)the sponsored research project; or
(ii)the technology transfer process.
(c)A claim of business confidentiality submitted under this Subsection
(1)shall cover all protected 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 at the time required by Subsection
(1)does not prejudice the claimant's right to make a legally adequate claim at a different time before disclosure of the record.
Renumbered and Amended by Chapter 8 , 2025 Special Session 1