Current through Register Vol. XLI, No. 44, November 1, 2024
Section 52-2-9 - Exemptions9.1. The following categories of information are specifically exempt from disclosure under the provisions of the act: (a) Trade secrets, as used in this section, which may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented which is known only to certain individuals within a commercial concern who are using it to fabricate, produce or compound an article or trade or a service or to locate minerals or other substances, having commercial value, and which gives its users an opportunity to obtain business advantage over competitors; provided that in no case shall the types and amounts of air pollutants discharged as defined in 45 CSR 31-2.6 and submitted pursuant to Chapter 22, Article 5 of the West Virginia Code be considered trade secrets under this paragraph.(b) Information of a personal nature such as that kept in a personal, medical or similar file, if the public disclosure thereof would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in the particular instance; provided, that nothing in this article shall be construed as precluding an individual from inspecting or copying his own personal, medical or similar file;(c) Test questions, scoring keys and other examination data used to administer a licensing examination, examination for employment or academic examination;(d) Records of law enforcement agencies that deal with the detection and investigation of crime and the internal records and notations of such law enforcement agencies which are maintained for internal use in matters relating to law enforcement;(e) Information specifically exempted from disclosure by statute;(f) Records, archives, documents or manuscripts describing the location of undeveloped historic, prehistoric, archaeological, paleontological and battlefield sites or constituting gifts to any public body upon which the donor has attached restrictions on usage or the handling of which could irreparably damage such record, archive, documents or manuscript;(g) Information contained in or relating to examination, operating or condition reports prepared by, or on behalf of, or for the use of any agency responsible for the regulation or supervision of financial institutions, except those reports which are by law required to be published in newspapers; and(h) Internal memoranda or letters received or prepared by any public body.