Section 58.01.23.900 - RULES FOR PROTECTION AND DISCLOSURE OF RECORDS IN THE POSSESSION OF THE DEPARTMENTThe purpose of Section 900 is to provide measures to safeguard trade secrets as required under Section 74-114(8), Idaho Code.
01.Safeguarding of Trade Secret Information.a. No Department officer or employee may disclose any information subject to a trade secret claim except as specifically mandated by statute.b. Access to information subject to a trade secret claim by Department employees, contractors, or other representatives will be limited to access necessary to carry out duties on behalf of the Department.c. Any information subject to a trade secret claim and received by the Department will be placed in a clearly marked, confidential section of the file.d. The Department will train all new employees, and periodically train existing employees, in the proper filing, tracking and physical handling of records subject to a trade secret claim, and in the procedures established by these rules, Section 74-114, Idaho Code, and any relevant policies adopted by the Department. Training will be as frequent and extensive as deemed necessary by the Director.02.Notice of a Continuing Claim. Release of information pursuant to Section 74-114(4), Idaho Code, will include a notice of a continuing claim. The Department will: a. Give notice of a continuing trade secret claim by noting its existence in a cover letter, or by other effective means if a cover letter is impractical, at the time the record is disclosed;b. Notify the person receiving the information, subject to a continuing trade secret claim, that the Department's disclosure does not waive the claim nor authorize any further disclosure by the person receiving the record; andc. Disclose a record under Section 74-114(4), Idaho Code, only if the person receiving the record agrees in writing to exercise all means legally available to protect the relevant record or portion of the record from further disclosure.Idaho Admin. Code r. 58.01.23.900