Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 61 - PUBLIC ACCESS TO PUBLIC RECORDS (§§ 25-61-1 — 25-61-19) › Section 25-61-9 - Trade secrets and confidential commercial or financial information

(1)
(a)
Records furnished to public bodies by third parties which contain trade secrets or confidential commercial or financial information shall not be subject to inspection, examination, copying or reproduction under this chapter until notice to third parties has been given, but the records shall be released no later than twenty-one (21) days from the date the third parties are given notice by the public body unless the third parties have filed in chancery court a petition seeking a protective order on or before the expiration of the twenty-one-day time period. Any party seeking the protective order shall give notice to the party requesting the information in accordance with the Mississippi Rules of Civil Procedure.
(b)
If a court determines that a person or entity has made duplicative requests for public records that are the subject of a protective order under paragraph (a) of this subsection, the court shall order the requesting person or entity to reimburse the third party's costs and attorney's fees for seeking additional protective orders for the same or substantially similar requests for public records.
(2)
If any public record which is held to be exempt from disclosure pursuant to this chapter contains material which is not exempt pursuant to this chapter, the public body shall separate the exempt material and make the nonexempt material available for examination or copying, or both, as provided for in this chapter.
(3)
Trade secrets and confidential commercial and financial information of a proprietary nature developed by a college, university or public hospital under contract with a firm, business, partnership, association, corporation, individual or other like entity shall not be subject to inspection, examination, copying or reproduction under this chapter.
(4)
Misappropriation of a trade secret shall be governed by the provisions of the Mississippi Uniform Trade Secrets Act, Sections
75-26-1
through
75-26-19
.
(5)
A waste minimization plan and any updates developed by generators and facility operators under the Mississippi Comprehensive Multimedia Waste Minimization Act of 1990 shall be retained at the facility and shall not be subject to inspection, examination, copying or reproduction under this chapter.
(6)
Data processing software obtained by an agency under a licensing agreement that prohibits its disclosure and which software is a trade secret, as defined in Section
75-26-3
, and data processing software produced by a public body which is sensitive must not be subject to inspection, copying or reproduction under this chapter.
As used in this subsection, "sensitive" means only those portions of data processing software, including the specifications and documentation, used to:
(a)
Collect, process, store, and retrieve information which is exempt under this chapter.
(b)
Control and direct access authorizations and security measures for automated systems.
(c)
Collect, process, store, and retrieve information, disclosure of which would require a significant intrusion into the business of the public body.
(7)
For all procurement contracts awarded by state agencies, the provisions of the contract which contain the commodities purchased or the personal or professional services provided, the unit prices contained within the procurement contracts, the overall price to be paid, and the term of the contract shall not be deemed to be a trade secret or confidential commercial or financial information under this section, and shall be available for examination, copying or reproduction as provided for in this chapter. Any party seeking a protective order for a procurement contract awarded by state agencies shall give notice to and provide the reasons for the protective order to the party requesting the information in accordance with the Mississippi Rules of Civil Procedure. The notice and reasons for the protective order must be posted on the Mississippi procurement portal for a minimum of seven (7) days before filing the petition seeking the protective order in chancery court. Any party seeking a protective order in violation of this subsection may be barred by a state agency from submitting bids, proposals or qualifications for procurement for a period not to exceed five (5) years.
Laws, 1983, ch. 424, § 5; Laws, 1988, ch. 406, § 1; Laws, 1990, ch. 442, § 12; Laws, 1990, ch. 507, § 15; Laws, 1996, ch. 453, § 3, eff. 7/1/1996.
Brught forward by Laws, 2024, ch. 466, SB 2486,§ 3, eff. 7/1/2024.
Amended by Laws, 2022, ch. 472, SB 2620,§ 1, eff. 7/1/2022.
Brought forward by Laws, 2021, ch. 418, SB 2827,§ 2, eff. 4/5/2021.
Brought forward by Laws, 2019, ch. 369, HB 1204,§ 2, eff. 7/1/2019.
Amended by Laws, 2018, ch. 350, HB 158,§ 1, eff. 7/1/2018.
Amended by Laws, 2017, ch. 400, HB 1109, 15, eff. 1/1/2018.
Amended by Laws, 2016, ch. 359, SB 2533, 1, eff. 7/1/2016.
Amended by Laws, 2015, ch. 484, SB 2407, 3, eff. 1/1/2016.
Amended by Laws, 2015, ch. 431, HB 825, 4, eff. 7/1/2015.