West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-02 - Freedom Of Information Act Requests › Section 60-2-9 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Act
				provides that the Department may exempt the following from disclosure:
9.1.a. Trade secrets, as used in this
				section, which may include, but are not limited to, any formula, plan, pattern,
				process, tool, mechanism, compounds, procedure, production data, or compilation
				of information that is not patented and is known only to certain individuals
				within a commercial concern who are using it to fabricate, produce or compound
				an article or trade or a service or to locate minerals or other substances,
				having commercial value, and that gives its users an opportunity to obtain
				business advantage over competitors; provided that in no case shall effluent
				data submitted pursuant to the West Virginia Water Pollution Control Act [W.
				Va. Code §
										22-11-1,
				et seq.] be considered exempt from disclosure;
9.1.b. Information of a personal nature, such
				as that kept in a personal, medical or similar file, if the public disclosure
				thereof would constitute an unreasonable invasion of privacy, unless the public
				interest by clear and convincing evidence requires disclosure in the particular
				instance: Provided, that nothing in this rule shall be construed as precluding
				an individual from inspecting or copying his or her own personal, personnel,
				medical or similar file;
9.1.c.
				Test questions, scoring keys and other examination data used to administer a
				licensing examination, examination for employment or academic
				examination;
9.1.d. Records of law
				enforcement agencies that deal with the detection and investigation of crime
				and the internal records and notations of such law enforcement agencies that
				are maintained for internal use in matters relating to law
				enforcement;
9.1.e. Information
				specifically exempted from disclosure by statute;
9.1.f. Records, archives, documents or
				manuscripts describing the location of undeveloped historic, prehistoric,
				archaeological, paleontological and battlefield sites or constituting gifts to
				any public body upon which the donor has attached restrictions on usage or the
				handling of which could irreparably damage such record, archive, document or
				manuscript;
9.1.g. Information
				contained in or related to examination, operating or condition reports prepared
				by, or on behalf of, or for the use of any agency responsible for the
				regulations or supervision of financial institutions, except those reports that
				are by law required to be published in newspapers;
9.1.h. Internal memoranda or letters received
				or prepared by any public body;
9.1.i. Records assembled, prepared or
				maintained to prevent, mitigate or respond to terrorist acts or the threat of
				terrorist acts, the public disclosure of which threaten the public safety or
				the public health;
9.1.j. Those
				portions of records containing specific or unique vulnerability assessments or
				specific or unique response plans, data, databases, and inventories of goods or
				materials collected or assembled to respond to terrorist acts, and
				communication codes or deployment plans of law enforcement or emergency
				response personnel;
9.1.k. Specific
				intelligence information and specific investigative records dealing with
				terrorist acts or the threat of a terrorist act shared by and between federal
				and international law enforcement agencies, state and local law enforcement and
				other agencies within the Department of Military Affairs and Public
				Safety;
9.1.l. National security
				records classified under federal executive order and not subject to public
				disclosure under federal law that are shared by federal agencies and other
				records related to national security briefings to assist state and local
				government with domestic preparedness for acts of terrorism;
9.1.m. Computing, telecommunications and
				network security records, passwords, security codes or programs used to respond
				to or plan against acts of terrorism which may be the subject of a terrorist
				attack;
9.1.n. Security or disaster
				recovery plans, risk assessments, tests or the results of those
				tests;
9.1.o. Architectural or
				infrastructure designs, maps or other records that show the location or layout
				of the facilities where computing, telecommunications or network infrastructure
				used to plan against or respond to terrorism are located or planned to be
				located;
9.1.p. Codes for facility
				security systems or codes for secure applications for such facilities referred
				to in subdivision (o) of this subsection;
9.1.q. Specific engineering plans and
				descriptions of existing public utility plants and equipment; and
9.1.r. Customer proprietary network
				information of other telecommunications carriers, equipment manufacturers and
				individual customers, consistent with 47 U.S.C. § 222.