R850-13-500. Confidentiality Obligations of the Agency

1. The agency shall keep confidential all information: (a) submitted under a request for confidentiality pursuant to R850-13-400(1) that the director agrees is of a proprietary nature; or (b) that is proprietary information and submitted pursuant to R850-13-400(4) or R850-13-400(5). 2. The agency may not disclose proprietary information subject to confidentiality under R850-13-500(1) to third parties unless: (a) the provider agrees to the disclosure in writing; (b) the information becomes publicly available other than through disclosure by the agency; (c) the information is provided to the agency by a third party that has no confidentiality obligation to the provider with respect to the disclosed information; (d) the information is independently developed by the agency without use of the proprietary information; (e) the information is required to be disclosed by an administrative or judicial order; or (f) federal or state law requires the information to be of a non-proprietary nature.