2005 Idaho Code - 9-340D — RECORDS EXEMPT FROM DISCLOSURE -- TRADE SECRETS, PRODUCTION RECORDS, APPRAISALS, BIDS, PROPRIETARY INFORMATION

                                   TITLE  9
                                   EVIDENCE
                                  CHAPTER 3
                               PUBLIC WRITINGS
    9-340D.  RECORDS EXEMPT FROM DISCLOSURE -- TRADE SECRETS, PRODUCTION
RECORDS, APPRAISALS, BIDS, PROPRIETARY INFORMATION. The following records are
exempt from disclosure:
    (1)  Trade secrets including those contained in response to public agency
or independent public body corporate and politic requests for proposal,
requests for clarification, requests for information and similar requests.
"Trade secrets" as used in this section means information, including a
formula, pattern, compilation, program, computer program, device, method,
technique, process, or unpublished or in progress research that:
    (a)  Derives independent economic value, actual or potential, from not
    being generally known to, and not being readily ascertainable by proper
    means by other persons who can obtain economic value from its disclosure
    or use; and
    (b)  Is the subject of efforts that are reasonable under the circumstances
    to maintain its secrecy.
    (2)  Production records, housing production, rental and financing records,
sale or purchase records, catch records, mortgage portfolio loan documents, or
similar business records of a private concern or enterprise required by law to
be submitted to or inspected by a public agency or submitted to or otherwise
obtained by an independent public body corporate and politic. Nothing in this
subsection shall limit the use which can be made of such information for
regulatory purposes or its admissibility in any enforcement proceeding.
    (3)  Records relating to the appraisal of real property, timber or mineral
rights prior to its acquisition, sale or lease by a public agency or
independent public body corporate and politic.
    (4)  Any estimate prepared by a public agency or independent public body
corporate and politic that details the cost of a public project until such
time as disclosed or bids are opened, or upon award of the contract for
construction of the public project.
    (5)  Examination, operating or condition reports and all documents
relating thereto, prepared by or supplied to any public agency or independent
public body corporate and politic responsible for the regulation or
supervision of financial institutions including, but not limited to, banks,
savings and loan associations, regulated lenders, business and industrial
development corporations, credit unions, and insurance companies, or for the
regulation or supervision of the issuance of securities.
    (6)  Records gathered by a local agency or the Idaho department of
commerce, as described in chapter 47, title 67, Idaho Code, for the specific
purpose of assisting a person to locate, maintain, invest in, or expand
business operations in the state of Idaho.
    (7)  Shipping and marketing records of commodity commissions used to
evaluate marketing and advertising strategies and the names and addresses of
growers and shippers maintained by commodity commissions.
    (8)  Financial statements and business information and reports submitted
by a legal entity to a port district organized under title 70, Idaho Code, in
connection with a business agreement, or with a development proposal or with a
financing application for any industrial, manufacturing, or other business
activity within a port district.
    (9)  Names and addresses of seed companies, seed crop growers, seed crop
consignees, locations of seed crop fields, variety name and acreage by
variety. Upon the request of the owner of the proprietary variety, this
information shall be released to the owner. Provided however, that if a seed
crop has been identified as diseased or has been otherwise identified by the
Idaho department of agriculture, other state departments of agriculture, or
the United States department of agriculture to represent a threat to that
particular seed or commercial crop industry or to individual growers,
information as to test results, location, acreage involved and disease
symptoms of that particular seed crop, for that growing season, shall be
available for public inspection and copying. This exemption shall not
supersede the provisions of section 22-436, Idaho Code.
    (10) Information obtained from books, records and accounts required in
chapter 47, title 22, Idaho Code, to be maintained by the Idaho canola and
rapeseed commission and pertaining to the individual production records of
canola or rapeseed growers.
    (11) Records of any risk retention or self-insurance program prepared in
anticipation of litigation or for analysis of or settlement of potential or
actual money damage claims against a public entity and its employees or
against the industrial special indemnity fund except as otherwise discoverable
under the Idaho or federal rules of civil procedure. These records shall
include, but are not limited to, claims evaluations, investigatory records,
computerized reports of losses, case reserves, internal documents and
correspondence relating thereto. At the time any claim is concluded, only
statistical data and actual amounts paid in settlement shall be deemed a
public record unless otherwise ordered to be sealed by a court of competent
jurisdiction. Provided however, nothing in this subsection is intended to
limit the attorney client privilege or attorney work product privilege
otherwise available to any public agency or independent public body corporate
and politic.
    (12) Records of laboratory test results provided by or retained by the
Idaho food quality assurance laboratory. Nothing in this subsection shall
limit the use which can be made, or availability of such information if used,
for regulatory purposes or its admissibility in any enforcement proceeding.
    (13) Reports required to be filed under chapter 13, title 62, Idaho Code,
identifying electrical or natural or manufactured gas consumption data for an
individual customer or account.
    (14) Voluntarily prepared environmental audits, and voluntary disclosures
of information submitted on or before December 31, 1997, to an environmental
agency as defined in section 9-803, Idaho Code, which are claimed to be
confidential business information.
    (15) Computer programs developed or purchased by or for any public agency
or independent public body corporate and politic for its own use. As used in
this subsection, "computer program" means a series of instructions or
statements which permit the functioning of a computer system in a manner
designed to provide storage, retrieval and manipulation of data from the
computer system, and any associated documentation and source material that
explain how to operate the computer program. Computer program does not
include:
    (a)  The original data including, but not limited to, numbers, text,
    voice, graphics and images;
    (b)  Analysis, compilation and other manipulated forms of the original
    data produced by use of the program; or
    (c)  The mathematical or statistical formulas that would be used if the
    manipulated forms of the original data were to be produced manually.
    (16) Active investigative records and trademark usage audits of the Idaho
potato commission specifically relating to the enforcement of chapter 12,
title 22, Idaho Code, until the commencement of formal proceedings as provided
by rules of the commission; purchase and sales information submitted to the
Idaho potato commission during a trademark usage audit, and investigation or
enforcement proceedings. Inactive investigatory records shall be disclosed
unless the disclosure would violate the standards set forth in subsections
(1)(a) through (f) of section 9-335, Idaho Code. Nothing in this subsection
shall limit the use which can be made, or availability of such information if
used, for regulatory purposes or its admissibility in any enforcement
proceeding.
    (17) All records copied or obtained by the director of the department of
agriculture or his designee as a result of an inspection pursuant to section
25-3806, Idaho Code, except:
    (a)  Records otherwise deemed to be public records not exempt from
    disclosure pursuant to this chapter; and
    (b)  Inspection reports, determinations of compliance or noncompliance and
    all other records created by the director or his designee pursuant to
    section 25-3806, Idaho Code.
    (18) All data and information collected by the division of animal
industries or the state brand board pursuant to the provisions of section
25-207B, Idaho Code, or rules promulgated thereunder.
    (19) Records disclosed to a county official by the state tax commission
pursuant to subsection (4)(c) of section 63-3029B, Idaho Code.
    (20) Records, data, information and materials collected, developed,
generated, ascertained or discovered during the course of academic research at
public institutions of higher education if the disclosure of such could
reasonably affect the conduct or outcome of the research, or the ability of
the public institution of higher education  to patent or copyright the
research or protect intellectual property.
    (21) Records, data, information and materials collected or utilized during
the course of academic research at public institutions of higher education
provided by any person or entity other than the public institution of higher
education or a public agency.
    (22) The exemptions from disclosure provided in subsections (20) and (21)
of this section shall apply only until the academic research is publicly
released, copyrighted or patented, or until the academic research is completed
or terminated. At such time, the records, data, information, and materials
shall be subject to public disclosure unless: (a) another exemption in this
chapter applies; (b) such information was provided to the institution subject
to a written agreement of confidentiality; or (c) public disclosure would pose
a danger to persons or property.
    (23) The exemptions from disclosure provided in subsections (20) and (21)
of this section do not include basic information about a particular research
project that is otherwise subject to public disclosure, such as the nature of
the academic research, the name of the researcher, and the amount and source
of the funding provided for the project.
    (24) Records of a county assessor containing information showing the
income and expenses of a taxpayer, which information was provided to the
assessor by the taxpayer to permit the assessor to determine the value of
property of the taxpayer.