The Idaho suspect, trade secrets, and CLEIR (again)!

Ohio Public Records Briefing- Edition #27

Did you know the number 27 is the trinity of trinities? Because 3 x 3 = 9, and 9 x 3 = 27. So 3 ^ 3 is 27. Try telling that one at parties. Better than that other party trick you always do!

Well, that’s enough math and science for today. Back to the important business you crave -- public records law!

Fun Fact

The trade secret exception of the public records act applies to both certain confidential records of private businesses andgovernment agencies (in limited situations). Mark Weaver from our team argued for this exception in the landmark Ohio Supreme Court case on the topic. Trade secrets include any “business information,” but the record containing this information must (1) derive economic value from being secret and (2) the business or agency must be making reasonable efforts to maintain its secrecy. Ultimately, the burden is on the public office to show that the information requested is protected as a trade secret based on these two factors. A court then assesses these claims using the facts unique to the situation. Now don’t go crazy on anyone – this is a rarely applied exception.

Public Records 101

Welcome to CLEIR Part Three! Or as our French readers like to say, Troisième Partie. We previously gave you an outline of the five types of an investigative file that the CLEIR exemptions permits a public office to withhold. This week, we look at our first of those five: the identity of an uncharged suspect.