Confidential Document Submission Guidelines

Trade Secrets - A trade secret may consist of any formulae, pattern, device or compilation of information which is used in one's business, and which provides an opportunity to obtain an advantage over competition who do not know or use it.

Confidential Commercial Information - Records submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which, if disclosed, would cause substantial injury to the competitive position of the subject enterprise.

Critical Infrastructure Information - Records describing systems, assets, places or things whether physical or virtual, so vital to the state that the disruption, incapacitation of destruction of such systems, assets, places or things could jeopardize the health, safety, security or welfare of the state, its residents or its economy.

Confidential Information - Refers collectively to the trade secrets, confidential commercial information and critical infrastructure information. Confidential status requests for records submitted to the New York State Department of Public Service.

Records containing confidential information and requests for confidential status will be directed to the Records Access Officer.

Each record shall be separately submitted as part of a filing.
Each Record shall be identified as:

• Trade Secret
• Proprietary
• Critical Infrastructure Information

The affected records or portions thereof containing trade secrets, confidential commercial information or critical infrastructure information shall be clearly marked. Where the request itself contains information which, if disclosed, would defeat the purpose for which the exception is sought, such information will also be excepted from disclosure. A request for confidential status for a limited period of time shall indicate such time frame at the time the information is filed. Failure to identify confidential information at the time of submission may make the information accessible to others without notice to the person who submitted such information.

The filer shall provide a clear statement of the reason(s) why the information should be excepted from disclosure, as provided for in 87(2)(d) of the Public Officers Law. In all cases, the filer making the request must show the reason why the information, if disclosed, would cause substantial injury to the competitive position of the subject commercial enterprise. Factors to be considered include, but are not necessarily limited to:

• the extent to which the disclosure would cause unfair economic or competitive damage;
• the extent to which the information is known by others and can involve similar activities;
• the worth or value of the information to the person and the person's competitors;
• the degree of difficulty and the cost of developing the information;
• the ease or difficulty associated with obtaining or duplicating the information by others without the person's consent; and
• other statute(s) or regulations specifically excepting the information from disclosure.

The filer shall provide a clear statement of the reason(s) why the information should be excepted from disclosure, as provided for in 87(2) of the Public Officers Law. In all cases, the filer making the request must show the reasons why the information, if disclosed, would cause disruption, incapacitation or destruction of critical infrastructure, could jeopardize the health, safety, welfare or security of the state, its residents or its economy.