53B-16-304.   Business confidentiality claims.
     (1) (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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Last revised: Wednesday, July 23, 2008