Public Records Law Requirements
The curriculum and course materials submitted may be subject to disclosure as required by Oregon Public Records Law, Oregon Revised Statute 192.001 through 192.990. The Department of Public Safety Standards and Training is a state agency; therefore we are bound by statutes that regulate the disclosure of public documents. We will make every effort to protect your information to the extent permitted by the law.
Any copyrighted documents may be exempt from copying and distribution, however individuals may view them. Trade Secrets may also be exempt from disclosure. ORS 192.345(2). Under some circumstances, submitted curriculum and training materials may be
exempt from disclosure. For example, testing instruments and materials may be exempt from disclosure. ORS 192.345(4).
“Trade secrets,” as used in the public records law, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within an organization and which is used in a business it conducts, having actual or potential commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.
To be withheld from disclosure as a “trade secret,” a record must meet all four of the
following criteria:
- The information must not be patented;
- It must be known only to certain individuals within an organization and used in business the organization conducts;
- It must be information that has actual or potential commercial value; and
- It must give its users an opportunity to obtain a business advantage over competitors who do not know or use it.
Disclosure Notification Form and Written Statement
If you believe that the curriculum and training materials submitted for accreditation meet the criteria listed above, please submit a written statement explaining how the materials meet the criteria and request that the material not be disclosed by DPSST due to the trade secret exemption. If the materials are copyrighted, please also include that information.