                                 CODE OF VIRGINIA

CONFIDENTIAL BUSINESS INFORMATION; DEPARTMENT TO ESTABLISH PROCEDURES (§
2.2-5506)

A. Except as provided in subsections B and C, the Department and any affected
locality shall keep confidential any information received under this chapter if
the person submitting the information notifies them that:

   1. The federal regulator to whom the information has been submitted has
   determined that the information is entitled to confidential treatment and is
   not subject to public disclosure under the federal Freedom of Information Act,
   5 U.S.C. &#xA7; 552, as amended, or under the Coordinated Framework; or

   2. The person submitting the information to the Department and any locality
   has submitted a claim to the federal regulator that the information is
   entitled to confidential treatment under the federal Freedom of Information
   Act or under the Coordinated Framework, and the federal regulator has not made
   a determination on that claim.

B. Subsection A shall not prevent the Department from using the information for
the purposes of subdivision B 4 or B 5 of &#xA7; 2.2-5505, subject to the
requirements of subsection D.

C. The Department shall allow public access to any information that has been
granted confidentiality under subsection A if either of the following occurs:

   1. The person providing the information expressly agrees in writing to the
   public access of the information; or

   2. After information has been granted confidentiality under subdivision A. 2.,
   the federal regulator makes a determination that the information is not
   entitled to confidential treatment under the federal Freedom of Information
   Act or under the Coordinated Framework.

D. The Department shall establish procedures to protect information required to
be kept confidential under subsection A. Under the procedures, the Department
shall not submit any information under subdivision B 4 or B 5 of &#xA7; 2.2-5505
to any person who is not an employee of the Department unless that person has
signed an agreement that satisfies the requirements of subsection E.

E. Any agreement under subsection D shall (i) provide that information that is
the subject of the agreement shall be subject to confidential treatment; (ii)
prohibit the release or sharing of the information with any other person except
at the direction of the Department and in compliance with this chapter; (iii)
acknowledge the penalties in &#xA7; 59.1-338 of the Virginia Uniform Trade
Secrets Act (&#xA7; 59.1-336, et seq.) and any other applicable law of the
Commonwealth identified by the Department for the unauthorized disclosure of the
information; and (iv) contain a statement that the person receiving the
information, any member of his immediate family or any organization with which
he is associated has no substantial financial interest in the regulated
introduction that is the subject of the information.

F. Any person submitting the information under &#xA7; 2.2-5503 may waive any of
the requirements under this section.

HISTORY: 1994, c. 472, § 2.1-775; 2001, c. 844.