S.D. Admin. R. 20:10:01:42 - Requirements for proving confidentiality
A request for confidentiality generates confidential treatment of information pursuant to ยง 20:10:01:40, but it does not constitute a determination that the information is or is not confidential. The information will be treated as confidential and shall not be released until after a confidentiality determination has been made. The commission shall determine confidentiality after a request for access to the information is received. The party requesting confidentiality has the burden of proving by a preponderance of the evidence that the information qualifies as confidential information by showing that disclosure would result in material damage to its financial or competitive position, reveal a trade secret, or impair the public interest.
Notes
General Authority: SDCL 49-1-11.
Law Implemented: SDCL 49-1-11.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.