[§227D-3.5  Confidentiality of information.] (a)  Notwithstanding chapter 92F or any other law to the contrary, anygovernment record made or received by any member or employee of the authorityshall be subject to segregation, and information contained therein shall not besubject to public disclosure, inspection, or duplication to the extent that theinformation:

(1)  Consists of business trade secrets of a tenant orprospective tenant of the authority;

(2)  Consists of confidential or proprietary commercialor financial information regarding the operation of any business of a tenant orprospective tenant of the authority; or

(3)  Relates to the competitive position in aparticular business or field of endeavor of a tenant or prospective tenant ofthe authority.

Information described in paragraphs (1), (2),and (3) that is contained in a business plan attached to a lease of state landshall be subject to segregation as required by this section.  This section,however, shall not apply to leases of state land themselves and otherinformation required to be public by section 92F-12(a)(5).

(b)  Notwithstanding chapter 92 or any otherlaw to the contrary, any discussion or consideration by the board or anycommittee of the board of the type of non-disclosable information described insubsection (a) may be held in an executive meeting closed to the public. [L2004, c 23, §1]