SEC. 51-3-44. Disclosure; confidentiality claim; violation, penalty.
(1) No person may be required to disclose any trade secret, including any formula, process or methods used in any manufacturing operation or any confidential information concerning business activities.
(2) The provisions of the Mississippi Public Records Act shall govern any request to have the commission declare information confidential, subject to specific provisions of this section.
(3) No confidentiality claim or determination of confidentiality shall prevent disclosure of the information to authorized department or federal employees.
(4) Information submitted to the commission containing any trade secret, including any formula, process or methods used in any manufacturing operation or any confidential information concerning business activities, specifically identified as confidential by the applicant and which is not essential for any public review as determined by the commission, shall be kept confidential by the department if:
(a) A written confidentiality claim is made when the information is supplied; and
(b) The confidentiality claim is determined by the commission, after hearing, to be valid.
If the confidentiality claim is denied, the information will not be released until the party claiming confidentiality has withdrawn its claim or has exhausted its administrative remedies. During the pendency of the proceedings the department shall not in any way use the contested information.
(5) Any public officer or employee who violates this subsection is guilty of a misdemeanor and, upon conviction, shall be fined a sum not to exceed One Thousand Dollars ($1,000.00) and dismissed from public office or employment.
SOURCES: Laws, 1995, ch. 505, Sec. 5, eff from and after July 1, 1995