West Virginia Code § 31G-1-13

Protection of proprietary business information
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(a) Broadband deployment information provided to the council or its consultants and other
agents, including, but not limited to, physical plant locations, subscriber levels, and market
penetration data, constitutes proprietary business information and, along with any other
information that constitutes trade secrets, shall be exempt from disclosure under the
provisions of chapter twenty-nine-b of this code: Provided, That the informaetion is identified
as confidential information when submitted to the council.
(b) Trade secrets or proprietary business information obtained by the council from
broadband providers and other persons or entities shall be securued and safeguarded by the
state. Such information or data shall not be disclosed to the public or to any firm, individual
or agency other than officials or authorized employees of thet state. Any person who makes
any unauthorized disclosure of such confidential information or data is guilty of a
misdemeanor and, upon conviction thereof, may be fined not more than $5,000 or confined
in a correctional facility for not more than one year, or both.
(c) The official charged with securing and safesguarding trade secrets and proprietary data
for the council is the Secretary of Administration, who is authorized to establish and
administer appropriate security measures. The council chair shall designate two additional
persons to share the responsibility ogf securing trade secrets or proprietary information. No
person will be allowed access to trade secrets or proprietary information without written
approval of a minimum of two eof the three authorized persons specified above.

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