§ 2.2-5506. Confidential business information; Department to establishprocedures.
A. Except as provided in subsections B and C, the Department and any affectedlocality shall keep confidential any information received under this chapterif the person submitting the information notifies them that:
1. The federal regulator to whom the information has been submitted hasdetermined that the information is entitled to confidential treatment and isnot subject to public disclosure under the federal Freedom of InformationAct, 5 U.S.C. § 552, as amended, or under the Coordinated Framework; or
2. The person submitting the information to the Department and any localityhas submitted a claim to the federal regulator that the information isentitled to confidential treatment under the federal Freedom of InformationAct or under the Coordinated Framework, and the federal regulator has notmade a determination on that claim.
B. Subsection A shall not prevent the Department from using the informationfor the purposes of subdivision B. 4. or B. 5. of § 2.2-5505, subject to therequirements of subsection D.
C. The Department shall allow public access to any information that has beengranted confidentiality under subsection A if either of the following occurs:
1. The person providing the information expressly agrees in writing to thepublic 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 notentitled to confidential treatment under the federal Freedom of InformationAct or under the Coordinated Framework.
D. The Department shall establish procedures to protect information requiredto be kept confidential under subsection A. Under the procedures, theDepartment shall not submit any information under subdivision B. 4. or B. 5.of § 2.2-5505 to any person who is not an employee of the Department unlessthat person has signed an agreement that satisfies the requirements ofsubsection E.
E. Any agreement under subsection D shall (i) provide that information thatis the subject of the agreement shall be subject to confidential treatment;(ii) prohibit the release or sharing of the information with any other personexcept at the direction of the Department and in compliance with thischapter; (iii) acknowledge the penalties in § 59.1-338 of the VirginiaUniform Trade Secrets Act (§ 59.1-336, et seq.) and any other applicable lawof the Commonwealth identified by the Department for the unauthorizeddisclosure of the information; and (iv) contain a statement that the personreceiving the information, any member of his immediate family or anyorganization with which he is associated has no substantial financialinterest in the regulated introduction that is the subject of the information.
F. Any person submitting the information under § 2.2-5503 may waive any ofthe requirements under this section.
§ 2.2-5506. Confidential business information; Department to establishprocedures.
A. Except as provided in subsections B and C, the Department and any affectedlocality shall keep confidential any information received under this chapterif the person submitting the information notifies them that:
1. The federal regulator to whom the information has been submitted hasdetermined that the information is entitled to confidential treatment and isnot subject to public disclosure under the federal Freedom of InformationAct, 5 U.S.C. § 552, as amended, or under the Coordinated Framework; or
2. The person submitting the information to the Department and any localityhas submitted a claim to the federal regulator that the information isentitled to confidential treatment under the federal Freedom of InformationAct or under the Coordinated Framework, and the federal regulator has notmade a determination on that claim.
B. Subsection A shall not prevent the Department from using the informationfor the purposes of subdivision B. 4. or B. 5. of § 2.2-5505, subject to therequirements of subsection D.
C. The Department shall allow public access to any information that has beengranted confidentiality under subsection A if either of the following occurs:
1. The person providing the information expressly agrees in writing to thepublic 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 notentitled to confidential treatment under the federal Freedom of InformationAct or under the Coordinated Framework.
D. The Department shall establish procedures to protect information requiredto be kept confidential under subsection A. Under the procedures, theDepartment shall not submit any information under subdivision B. 4. or B. 5.of § 2.2-5505 to any person who is not an employee of the Department unlessthat person has signed an agreement that satisfies the requirements ofsubsection E.
E. Any agreement under subsection D shall (i) provide that information thatis the subject of the agreement shall be subject to confidential treatment;(ii) prohibit the release or sharing of the information with any other personexcept at the direction of the Department and in compliance with thischapter; (iii) acknowledge the penalties in § 59.1-338 of the VirginiaUniform Trade Secrets Act (§ 59.1-336, et seq.) and any other applicable lawof the Commonwealth identified by the Department for the unauthorizeddisclosure of the information; and (iv) contain a statement that the personreceiving the information, any member of his immediate family or anyorganization with which he is associated has no substantial financialinterest in the regulated introduction that is the subject of the information.
F. Any person submitting the information under § 2.2-5503 may waive any ofthe requirements under this section.
§ 2.2-5506. Confidential business information; Department to establishprocedures.
A. Except as provided in subsections B and C, the Department and any affectedlocality shall keep confidential any information received under this chapterif the person submitting the information notifies them that:
1. The federal regulator to whom the information has been submitted hasdetermined that the information is entitled to confidential treatment and isnot subject to public disclosure under the federal Freedom of InformationAct, 5 U.S.C. § 552, as amended, or under the Coordinated Framework; or
2. The person submitting the information to the Department and any localityhas submitted a claim to the federal regulator that the information isentitled to confidential treatment under the federal Freedom of InformationAct or under the Coordinated Framework, and the federal regulator has notmade a determination on that claim.
B. Subsection A shall not prevent the Department from using the informationfor the purposes of subdivision B. 4. or B. 5. of § 2.2-5505, subject to therequirements of subsection D.
C. The Department shall allow public access to any information that has beengranted confidentiality under subsection A if either of the following occurs:
1. The person providing the information expressly agrees in writing to thepublic 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 notentitled to confidential treatment under the federal Freedom of InformationAct or under the Coordinated Framework.
D. The Department shall establish procedures to protect information requiredto be kept confidential under subsection A. Under the procedures, theDepartment shall not submit any information under subdivision B. 4. or B. 5.of § 2.2-5505 to any person who is not an employee of the Department unlessthat person has signed an agreement that satisfies the requirements ofsubsection E.
E. Any agreement under subsection D shall (i) provide that information thatis the subject of the agreement shall be subject to confidential treatment;(ii) prohibit the release or sharing of the information with any other personexcept at the direction of the Department and in compliance with thischapter; (iii) acknowledge the penalties in § 59.1-338 of the VirginiaUniform Trade Secrets Act (§ 59.1-336, et seq.) and any other applicable lawof the Commonwealth identified by the Department for the unauthorizeddisclosure of the information; and (iv) contain a statement that the personreceiving the information, any member of his immediate family or anyorganization with which he is associated has no substantial financialinterest in the regulated introduction that is the subject of the information.
F. Any person submitting the information under § 2.2-5503 may waive any ofthe requirements under this section.
