12 Miss. Code. R. 2-1.7

Current through December 10, 2024
Rule 12-2-1.7 - Third Party Information

When any person files or submits documents with the DFA which the filer contends are exempt from disclosure under the Public Records Act, the filer shall provide a written statement at the time of filing which shall describe the documents filed and which shall fully explain why the documents are designated as exempt from disclosure and must specifically cite any statute or other legal authority in support of such designation. Such written statement shall itself be a public record subject to disclosure.

Any document filed with the DFA which contains trade secrets or confidential commercial or financial information subject to the protection of any applicable law or court decision shall be clearly designated as such by the filer on its face and accompanying cover letter at the time of filing and shall be placed in an envelope other than white. Each page of each document shall be marked CONFIDENTIAL. Upon request to inspect or copy any document so designated, the DFA shall notify the person who filed the document. Thirty (30) days after such notice, the document will be made available for public inspection or copying unless the filer shall have obtained a court order protecting such records as confidential pursuant to Section 25-61-9, Miss. Code Ann. of 1972.

Any person filing documents with the DFA shall, prior to filing, redact from the documents any social security numbers, account numbers or dates of birth not required to be listed. The DFA shall determine on a case-by-case basis whether similar information may be redacted by the filer to prevent identity theft. In no event will the DFA bear any responsibility for a filer's failure to redact such information which leads to or may lead to identity theft or other crime or loss.

Failure by the third party to clearly identify trade secrets or confidential commercial or financial information on a different color paper than non-confidential pages will result in that information being released subject to a public records request.

12 Miss. Code. R. 2-1.7

Miss Code Ann. § 25-61-9
Amended 1/16/2015