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8-7-811. Trade secrets.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-811. Trade secrets.
(a) Any records, reports, or information obtained by the Department of Energy and Environment, the Secretary of the Department of Energy and Environment, or the Division of Environmental Quality or by the department’s or division’s employees in the administration of this subchapter, except release data, shall be kept confidential upon a showing satisfactory to the Director of the Division of Environmental Quality that the records, reports, or information would constitute a trade secret under § 4-75-601 et seq.
(b) As necessary to carry out the provisions of this subchapter, information afforded confidential treatment may be transmitted under a continuing claim of confidentiality to other officers or employees of the state or of the United States if the owner or operator of the facility to which the information pertains is informed of the transmittal and if the information has been acquired by the division under the provisions of this subchapter.
(c) The provisions of this section shall not be construed to limit the division's authority to release confidential information during emergency situations.
(d) Any violation of this section is a Class A misdemeanor.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-811
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:8-7-811
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 35409aa612aed7bec2c600146e8a9ce6b733ee3db516c2b76fc4048fcf2ebbb8
Source location: content.xml paragraph 8148
Stored source content
8-7-811. Trade secrets.
(a) Any records, reports, or information obtained by the Department of Energy and Environment, the Secretary of the Department of Energy and Environment, or the Division of Environmental Quality or by the department’s or division’s employees in the administration of this subchapter, except release data, shall be kept confidential upon a showing satisfactory to the Director of the Division of Environmental Quality that the records, reports, or information would constitute a trade secret under § 4-75-601 et seq.
(b) As necessary to carry out the provisions of this subchapter, information afforded confidential treatment may be transmitted under a continuing claim of confidentiality to other officers or employees of the state or of the United States if the owner or operator of the facility to which the information pertains is informed of the transmittal and if the information has been acquired by the division under the provisions of this subchapter.
(c) The provisions of this section shall not be construed to limit the division's authority to release confidential information during emergency situations.
(d) Any violation of this section is a Class A misdemeanor.
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Arkansas Code — all titles (historical 2020) · legal_authorities
4-75-601. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means;
(2) “Misappropriation” means:
(A) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(B) Disclosure or use of a trade secret of another without express or implied consent by a person who:
(i) Used improper means to acquire knowledge of the trade secret; or
(ii) At the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:
(a) Derived from or through a person who had utilized improper means to acquire it;
(b) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(c) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(iii) Before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake;
(3) “Person” means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity;
(4) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(A) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-75-601
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-75-601. This identifies an authority to review, not proof of applicability.