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Information Access and Restrictions; Personal Data

Q: I know the University as a public institution is covered by the Data Practices Act and many of its records and documents are available to the public. Can the University then agree to hold any information confidential or enter into confidentiality agreements?

A: The University has limited authority to hold information confidential. The Data Practices Act permits the University to withhold "trade secret" information from the public and to agree to maintain such information as confidential. The Data Practices Act's definition of "trade secret" information is quite narrow and one must be careful not to agree to hold information confidential outside the statutory definition.
 
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