Sec. 2370.7. Protection of trade secrets

(a) In addition to the prohibitions on disallowance described in subdivision (d) of section 2370.5 of this Part, the records access officer may deny access to records or portions thereof that are trade secrets or are maintained for the regulation of commercial enterprise which if disclosed would cause substantial injury to the competitive position of the subject enterprise.

(1) Any person who submits information to the department, which is not exempted from disclosure under the Tax Law or any other laws of the State of New York or the United States, may request that the department except such information from disclosure as a trade secret. Where the request itself contains information which, if disclosed, would defeat the purpose for which the exception is sought, such information will also be excepted from disclosure.

(2) The request for an exception must be in writing, specify the information or portions thereof for which the exception is requested, and state the reasons why such information should be excepted from disclosure.

(3) Records or parts of records identified as trade secrets at submission shall continue to be charged to the custody of the head of the division, bureau or office with which the record is filed. That individual shall specify which persons subject to his supervision may inspect such records. The Commissioner of Taxation and Finance, the records access officer, the records appeals officer and his assistant or assistants shall be entitled to inspect such records.

(b) The records access officer shall, at any time, or upon receipt of a request for disclosure of such a record, determine whether the request for exception will be granted, continued, terminated or denied. Before doing so, such officer shall:

(1) notify the person who requested the exception that a determination is to be made, and of such person's right to submit a written statement within 10 business days of receipt of the notice, regarding the necessity for granting or continuing the exemption from disclosure;

(2) permit the person who requested the exception, within 10 business days of receipt of notification from the department, to submit a written statement of the necessity for the granting or continuation of such exception; and

(3) within seven business days of receipt of such written statement, or within seven business days of the expiration of the period prescribed for submission of such statement, issue a written determination granting, continuing or terminating such exception and stating the reasons therefor; copies of such determination shall be served upon the person, if any, requesting the record, the person who requested the exception, and the committee on public access to records.

(c) A denial of an exception from disclosure under subdivision (b) of this section may be appealed by the person submitting the information, and a denial of access to the record may be appealed by the person requesting the record in accordance with the procedure outlined in section 2370.8 of this Part.