Utah Code 53B-16-304. Business confidentiality claims

(1)

Terms Used In Utah Code 53B-16-304

Person: means :

(a)

a federal, state, or local governmental entity:

(i)	that sponsors sponsored research; or

(ii)	participates in a technology transfer;

(b)	an individual;

(c)	a nonprofit or profit corporation;

(d)	a partnership;

(e)	a sole proprietorship; or

(f)

other type of business organization. See Utah Code 53B-16-301

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

Public institution of higher education: means an institution within the state system of higher education defined in Section 53B-1-102. See Utah Code 53B-16-301

Sponsored research: refers to research, training, and other sponsored activities as defined by the federal Executive Office of the President, Office of Management and Budget:

(a)	conducted by a public institution of higher education through an office responsible for sponsored projects or programs; and

(b)

funded or otherwise supported by an external person that is not created or controlled by the public institution of higher education. See Utah Code 53B-16-301

Technology transfer: refers to transferring information, commercializing research, or providing technical assistance between a public institution of higher education and external persons for the purpose of economic development. See Utah Code 53B-16-301

(a)

Any person who provides to a public institution of higher education a record that the person believes should be protected under a provision listed in Subsection 63G-2-309(1)(b)(i), restricted under Section 53B-16-302, or both protected under a provision listed in Subsection 63G-2-309(1)(b)(i) and restricted under Section 53B-16-302, shall provide the 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 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.

Amended by Chapter 382, 2008 General Session

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