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PR 16-06 Law Offices of Richard Humphrey v. Dept. of Health No Violation

The Complainant alleged the DOH violated the APRA when it refused to provide records responsive to its APRA request seeking a copy of the Intoxilyzer I-9000 Training Manual. Among the twenty-seven (27) exceptions to the APRA is R.I. Gen. Laws 38-2-2(4)(B), which exempts from public disclosure, "[t]rade secrets and commercial or financial information obtained from a person, firm, or corporation which is of a privileged or confidential nature." In The Providence Journal v. Convention Center Authority, 774 A.2d 40, 47 (R.I. 2001), the RI Supreme Court examined R.I. Gen. Laws 38-2-2(4)(B) and explained that commercial information provided to the Government was exempt from disclosure "if it is of a kind that would customarily not be released to the public by the person from whom it was obtained." Based upon the evidence presented, we concluded that the Intoxilyzer I-9000 Training Manual, which is copyrighted, is "of a kind that would customarily not be released to the public by the person from whom it was obtained." The DOH did not violate the APRA.

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