310 CMR 3.23 - Criteria for Determining a Trade Secret

In determining whether a record is a trade secret, the Department shall apply the following criteria:

(1) The extent to which the trade secret is known by persons other than the person submitting the record in question.

(2) The extent to which the trade secret is known by employees of the person submitting the record in question, and others involved in that person's business.

(3) The extent to which measures are taken by the person submitting the record in question to guard the secrecy of the trade secret.

(4) The value of the trade secret to the person submitting the record in question and to that person's competitors.

(5) The amount of effort in developing the trade secret.

(6) The ease or difficulty with which the information could be properly acquired or duplicated by others.

Notes

310 CMR 3.23