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And lastly, at the time the UTSA was adopted, the Public Records Law didn’t comprise the “catchall” exemption contained in ORS 192.355. Instead, the Public Records Law included an enumerated record of particular statutes providing for some sort of confidentiality. Once a data request is acquired for any info that has been labeled as trade secret, the general public body should notify the entity and request factual data, and authorized argument the place applicable, that supports the assertion of the trade secret exemption. Once the required info is obtained, the public physique will then be ready to properly determine whether or not to claim the exemption. Before looking for formal evaluation of a denial, it could be worthwhile for a disenchanted requester to seek a decision at the next stage within the public physique. This will increase the likelihood of a favorable choice without the need to seek evaluation, and may encourage the company to acquire legal recommendation concerning disclosure of the data at issue. If the request was denied by an area public physique, however not an elected official, the requester might petition the district attorney within the county the place the general public physique is located for an order compelling disclosure of the information.
Oregon courts interpret exemptions narrowly,as does the Attorney General. In addition, a public body that denies a information request has the burden of proving that the knowledge is exempt from disclosure. “Actual price” additionally may embrace the cost of time spent by the public body’s lawyer reviewing and redacting, although the price of the legal professional’s time spent figuring out the appliance of the Public Records Law just isn’t recoverable. The statutory right to inspect public information encompasses a right to examine authentic information, and inspection of originals ordinarily should be allowed if requested. But the right to examine does not embody a right to flick through file cabinets, file folders, or electronic files,and a public physique could undertake administrative measures to oversee unique doc evaluate. Furthermore, the right to look at authentic data doesn’t require a public body to allow inspection of an unique report that incorporates some information that’s exempt from disclosure.In such a case, a public body acts moderately if it furnishes a duplicate of the original, with the exempt material redacted.
Separating Exempt And Nonexempt Material
Determining whether the general public curiosity requires disclosure of a specific report is a two-step course of. If a public physique asserts an exemption that is in the end rejected by the courts, the public body may be required to pay the requester’s litigation prices and legal professional charges, as well as its own prices.
A public physique might transfer funds to or obtain a switch of funds from members of the general public in addition to other public entities. To execute such transfers, the public physique may have data containing information that could enable a person to entry funds maintained in a personal or public account. The legislature chose Automotive News to address that chance by giving public our bodies immunity against any resulting misappropriation claims. In addition, in adopting the UTSA, the legislature didn’t amend the prevailing conditional exemption for trade secrets and techniques, despite clearly being conscious of the UTSA’s interaction with Public Records Law.