KRS 353.6606: Treatment of trade secret information in response to open records

request.

(1) The director shall notify the vendor, service provider, or operator, as applicable,

within ten (10) days of receipt of a request pursuant to the Kentucky Open Records

Act for disclosure of information for which trade secret status has been asserted.

The director may request additional information from the vendor, service provider,

or operator, as applicable, to determine whether to grant or reject the request for

disclosure.

(2) If the cabinet determines that the information is entitled to confidential treatment

and that determination is challenged pursuant to the provisions of the Kentucky

Open Records Act, the director may call upon the owner or operators to assist in the

defense of that determination.

(3) If the cabinet makes a determination that the information is not entitled to

confidential treatment, notwithstanding KRS 61.870 to 61.884, the director shall:

(a) Notify the vendor, service provider, or operator, as applicabl e, who asserted

the trade secret status; and

(b) Delay release of the information for a period of ten (10) working days after

mailing the notice.

(4) Judicial review of any determination under this section shall be undertaken in

accordance with the Kentuck y Open Records Act, and administrative review of the

determination to release or to withhold information shall not be required.