8.48.150 Confidentiality.
A. Generally, documents in the possession of the Borough are available to the public for inspection and copying. If, however, an operator makes a showing satisfactory to the director that a report, record, application or other information submitted by an operator would, if made public, divulge information entitled to protection as trade secrets under state law, the Borough will treat the record, report, application, or other information as confidential. This showing requires, but is not limited to, the owner’s certification under oath that:
1. Public disclosure would tend to affect adversely the operator’s competitive position; and
2. The records, reports, application or other information submitted would divulge sales figures, processes, techniques or other financial data of the operator that are entitled to protection as trade secrets under state law.
B. It is unlawful for any person to divulge to another any documents or information obtained from any records or documents filed with the Borough that have been determined to be confidential unless specifically permitted by state law or this chapter.
C. The director shall safely keep all records and information deemed confidential under this section secure from public inspection and release. The director may, six years after the filing date, destroy the records.
D. Notwithstanding other provisions of this chapter, the Borough may, even for records deemed confidential:
1. Compile and publish statistical evidence concerning the data submitted, provided no identification of particular reports deemed confidential is made.
2. Release the operator’s names, owners, mailing addresses and filing status to the public. Filing status for this purpose includes whether the operator is exempt, delinquent, or current in payment of taxes.
3. Provide the records to an auditor, collection agency or attorney, acting as an agent of the Borough, for the review and use in performing services for the Borough.
4. Exchange confidential information about an operator with another jurisdiction, which has a similar tax, if that other jurisdiction has similar provisions protecting the confidentiality of the operator’s records.
5. Release records with the permission of the operator.
6. Use such records in a criminal or civil action brought to enforce the terms of this chapter.
E. Hearings conducted by the director are public. (Ord. 2002-39 § 2, 2002. 2004 Code § 3.58.140.)