760 IAC 1-80-2 Requirements for confidentiality requests

Sec. 2. (a) If a filer marks a filing or supporting information "confidential", "trade secret", or "proprietary", the filer must also submit a confidentiality request to the commissioner. The confidentiality request must meet the requirements set forth in subsection (c). (b) Filings containing a confidentiality request must be submitted through electronic mail or paper form. (c) When making a confidentiality request, in addition to the requirements set forth in IC 27-1-22-4(e), a filer must include the following: (1) A written demonstration to the commissioner that the filing or supporting information contains a trade secret. (2) A written attestation by an officer of the insurer or rating organization that to the officer's best belief and knowledge, the filing contains a trade secret. (3) A written attestation by an officer of the insurer or rating organization that to the officer's best belief and knowledge, the information in the filing has not been made public in any other state. (4) A fee of one hundred dollars ($100) for each confidentiality request. (d) A filer must submit a filing containing a confidentiality request separately from filings or supporting information that is not confidential. Filings containing a confidentiality request should include only the material that may qualify for confidential treatment, descriptions or explanations pertaining to those materials, and support specific to those materials. Identifying references to corresponding public filings may be included. (e) If a filer submits a filing or supporting information containing a confidentiality request and marks the filing or supporting information "confidential", "trade secret", or "proprietary", the entire filing and supporting information will be open to public inspection if the commissioner later determines that the filing is not confidential and the filing is not withdrawn. (f) A written demonstration that a filing or supporting information is confidential must include evidence that the filing or supporting information: (1) is not generally known to the public; (2) confers an economic benefit to the insurer; and (3) is the subject of reasonable efforts to maintain its secrecy.