N.J. Admin. Code § 7:14A-18.6 - Substantive criteria for confidentiality determinations

(a) A determination made under 7:14A-18.5 shall hold that trade secret information is entitled to confidential treatment if:

1. The person has asserted a confidentiality claim;

2. The person has satisfactorily shown that he or she has taken reasonable measures to protect the confidentiality of the information, and that he or she intends to continue to take such measures;

3. The information is not, and has not been, reasonably obtainable, without the person's consent, by other persons (other than governmental bodies) using legitimate means (other than discovery based on a showing of special need in a judicial or quasi-judicial proceeding);

4. No statute requires disclosure of the information; and

5. The person has satisfactorily shown that disclosure of the information would be likely to cause substantial harm to the person's competitive position.

Notes

N.J. Admin. Code § 7:14A-18.6