4167-10-01. Protection of trade secrets and confidential information

(A) In accordance with section 4167.12 of the Revised Code, all information reported to or otherwise obtained by the superintendent in connection with any investigation, inspection, or proceeding that reveals a trade secret or confidential information as defined in any specific section of the Revised Code or federal law is confidential.

(B) Information deemed to be a trade secret or confidential information may be disclosed by the superintendent to other agents or authorized representatives of the superintendent concerned with fulfilling the requirements of the act, or when relevant, to any proceeding under the act. In any proceeding, the superintendent or the court shall issue orders as appropriate to protect the confidentiality of trade secrets and confidential information.

(C) A public employer shall attempt to identify the existence of a trade secret or confidential information at the commencement of an inspection to the superintendent. In the event that the public employer does not identify the existence of a trade secret or confidential information at the commencement of an inspection, the public employer must do so at the earliest opportunity.

(D) A public employer who is claiming confidentiality on the basis of the existence of a trade secret or confidential information shall provide written substantiation to the superintendent of the claim.

(E) The superintendent shall develop and implement policies and procedures to identify and secure information identified as a trade secret or confidential information to maintain confidentiality.

Replaces: 4167-10-01, 4167-14-01

Five Year Review (FYR) Dates: 10/5/2018 and 10/01/2023
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4121.121, 4167.02, 4167.07
Rule Amplifies: 4167.02, 4167.12
Prior Effective Dates: 05/22/1995, 11/15/1996, 08/01/2001, 02/15/2009, 01/01/2014

Prior History: (Effective: 01/01/2014
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4121.121, 4167.02, 4167.07
Rule Amplifies: 4167.02, 4167.12
Prior Effective Dates: 5/22/95; 11/15/96; 8/1/01, 2/15/09)