1-27-1.6. Certain financial, commercial, and proprietary information exempt from disclosure.
The following financial, commercial, and proprietary information is specifically exempt from disclosure pursuant to §§1-27-1 to 1-27-1.15, inclusive:
(1)Valuable formulae, designs, drawings, computer source code or object code, and research data invented, discovered, authored, developed, or obtained by any agency if disclosure would produce private gain or public loss;
(2)Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal;
(3)Financial and commercial information and records supplied by private persons pertaining to export services;
(4)Financial and commercial information and records supplied by businesses or individuals as part of an application for loans or program services or application for economic development loans or program services;
(5)Financial and commercial information, including related legal assistance and advice, supplied to or developed by the state investment council or the division of investment if the information relates to investment strategies or research, potential investments, or existing investments of public funds;
(6)Proprietary data, trade secrets, or other information that relates to:
(a)A vendor's unique methods of conducting business;
(b)Data unique to the product or services of the vendor; or
(c)Determining prices or rates to be charged for services, submitted by any vendor to any public body;
(7)Financial, commercial, and proprietary information supplied in conjunction with applications or proposals for funded scientific research, for participation in joint scientific research projects, for projects to commercialize scientific research results, or for use in conjunction with commercial or government testing;
(8)Any production records, mineral assessments, and trade secrets submitted by a permit holder, mine operator, or landowner to any public body.
Source: SL 2009, ch 10, §7.
Structure South Dakota Codified Laws
Title 1 - State Affairs and Government
Chapter 27 - Public Records And Files
Section 1-27-1 - Public records open to inspection and copying.
Section 1-27-1.1 - Public records defined.
Section 1-27-1.2 - Fees for specialized service.
Section 1-27-1.4 - Denial letters to be kept on file.
Section 1-27-1.5 - Certain records not open to inspection and copying.
Section 1-27-1.7 - Certain drafts, notes, and memoranda exempt from disclosure.
Section 1-27-1.8 - Certain records relevant to court actions exempt from disclosure.
Section 1-27-1.10 - Redaction of certain information.
Section 1-27-1.12 - Chapter inapplicable to Unified Judicial System.
Section 1-27-1.13 - Certain records not available to inmates.
Section 1-27-1.14 - Redaction of records in office of register of deeds not required.
Section 1-27-1.15 - Immunity for good faith denial or provision of record.
Section 1-27-1.19 - Public access to records of former Governors and lieutenant governors.
Section 1-27-1.20 - Exempt records to be opened upon death or ten years after leaving office.
Section 1-27-1.22 - Agreement for transfer of records to suitable repository.
Section 1-27-3 - Records declared confidential or secret.
Section 1-27-4 - Format of open record.
Section 1-27-4.2 - Availability of contract through internet website or database.
Section 1-27-9 - Records management programs--Definition of terms.
Section 1-27-10 - Records as property of state--Damage or disposal only as authorized by law.
Section 1-27-12 - State records management program to be established.
Section 1-27-12.1 - Records management internal service fund.
Section 1-27-13 - Records management procedures proposed by state agencies.
Section 1-27-14.1 - Transfer of records by outgoing agency heads--Terminated agency records.
Section 1-27-14.2 - Transfer of jeopardized nonessential agency material to state archivist.
Section 1-27-15 - Destruction of nonrecord materials.
Section 1-27-16 - Rules, standards, and procedures.
Section 1-27-17 - Legislative and judicial records management programs.
Section 1-27-18 - Local records management programs.
Section 1-27-21 - Public document or record defined--Public meeting.
Section 1-27-22 - Application of English as common language requirement.
Section 1-27-24 - Effect of common language requirement on state employment.
Section 1-27-25 - Common language requirements not applicable to private activities.
Section 1-27-27 - Requesting information or data from a state agency.
Section 1-27-28 - Definition of terms.
Section 1-27-29 - Disclosure of information concerning private entity restricted.
Section 1-27-30 - Confidentiality of proprietary or trade information of private entity.
Section 1-27-31 - Circumstances allowing for disclosure of information concerning private entity.
Section 1-27-32 - Disclosure of confidential information as misdemeanor.
Section 1-27-35 - Informal requests for disclosure of records--Costs of retrieval or reproduction.
Section 1-27-36 - Estimate of retrieval and reproduction cost--Waiver or reduction of fee.
Section 1-27-37 - Written request for disclosure of records.
Section 1-27-39 - Response to notice of review.
Section 1-27-40 - Findings and decision of Office of Hearing Examiners.
Section 1-27-40.1 - Time for compliance with decision or appeal.
Section 1-27-43 - Form of notice of review--Office of Hearing Examiners' notice.
Section 1-27-46 - Contracts to be displayed on searchable internet website.
Section 1-27-47 - Affordability of public access to electronic records database.
Section 1-27-48 - Documentation regarding information stored in electronic records system.