Title: Section 61-1.36 - Confidentiality of information

61-1.36 Confidentiality of information.

(a) Proprietary information submitted to NIH in connection with the approval procedures set forth in part VI, Voluntary Compliance, of the NIH Guidelines, as required for certification pursuant to subdivision (d) of section 61-1.3 of this Subpart, will be protected by NIH as provided in part VI of the NIH Guidelines.

(b) Proprietary information submitted to the commissioner will be protected as follows:

(1) An institution may designate those items of information in applications, statements or reports to the commissioner or the department made pursuant to this Subpart, not protected by patent or copyright, which the institution believes are trade secrets or are maintained for the regulation of commercial enterprise which if disclosed would cause substantial injury to the competitive position of the subject enterprise.

(2) If the department receives a request under the Freedom of Information Law for information so designated, it will promptly contact the institution to secure its views as to whether the information (or some portion) should be released.

(3) If the department decides to release the information (or some portion) in response to a Freedom of Information Law request or otherwise, the institution will be advised, and the release will not be made until the expiration of 15 business days after receipt of the request, except to the extent that earlier release in the judgment of the commissioner is necessary to protect against an imminent hazard to the public or the environment.