20:10:01:42Requirements for proving confidentiality.

A request for confidentiality generates confidential treatment of information pursuant to § 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.

Source: 16 SDR 148, effective March 22, 1990.