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					 1\1s. l.candra Costilla Orti > - Page.\




                                                            *
 secret factors.' Rf:.ST\ I'L\lLi\ I' OF I"OR rs 757 cmt. h. This office must accept a private
 person's claim for exception as valid under that branch if that person establishes a prima
 lucie case for exception ami no argument is submitted that rebuts the claim as a matter of
 law. ORD 552 at 5-6. However. we cannot conclude section 552.11 Ora) applies unless it has
 been shown the information meets the definition of a trade secret and the necessary factors
 have been demonstrated to establish a trade secret claim. See Open Records Decision
 No. -W2 (1983).


 Section 552.11 O(b) excepts from disclosure "[clornmercial          or financial information for
 which it is demonstrated based on specific tactual evidence that disclosure would cause
 substantial competitive harm to the person from whom the information was obtained,"
 Govt Code           *
                   552.11 O(b). Section 552.11 O(b) requires a specific tactual or evidentiary
 showing, not conclusory or generalized allegations,       .ubstantial competitive injury would
 likely result lrorn release of the requested information .. See Open Records Decision No. 661
 at 5-6 (1999) (business enterprise must show by spcci tic factual evidence release of
 information would cause it substantial competitive harm).

 We find l Iachar has established release 01" some of the information at issue would cause the
 company substantial competitive           injury.   Therefore. the district must withhold this
 information. which we have marked, under section 552.11 Orb) of the Government Code.
 l Iowevcr. Ilachar has made some of its customer information publicly available on its
 website. Thus, Hachar has tailed to demonstrate that release of the information it has
 published on its website would cause it substantial competitive injury. further. we conclude
 Hachar has made only conclusory allegations that release of the remaining information at
 issue would cause the company substantial competitive injury, and has provided no specific
 factual or evidentiary showing to support such allegations. In addition, we find Ilachar has
 failed to establish a ",.;1110 lucie case that any of the remaining information at issue is a trade
 secret. Therefore, the district may not withhold any of the remaining information under
 section 552.110 of the Government Code. As no further exceptions to disclosure have been
 raised. the remaining information must be released.

 This letter ruling is limited to the particular information at issue in this request and limited
 to the ralls as presented to LIS: therefore. this ruling must not be relied upon as a previous
 dctcrrnin.ruon "t~di"ding any other information or any other circumstances.




              "1 he IJ 11o\' .ing are 1I1<? \ factors that the Restatement
                                          'I                                gi ves as indic ia of \~hether in format ion
convtiturcs   a trade see ret. (I) the e tent to which the information is known ourside ofthe company: (2) the
cvtcnt to \\ hich it is I " " r,\ employ ccs and others involved In the company's business: (3) the extent of
measures taken 11.\ the co, lpJn" to "':'lIard the secrecy ofthe information: (-l) the value of the information to the
company and its cornpeutors: i.'i) the a, nount of effort or money expended b) the company in developing the
1I11<1I"I11ation: the case or dilticulr,
               (0)                         \I I 11 111ch
                                                  \I     rhe information could be properly acquired or duplicated by
others. RI \t \II \11 ~I Ill· [I)RI\.:;  -,-    .mt. h: 'c',' '\Ii Open Records Decisron      (h. 319 at 2 (1982).306
at 2 (1982).255     at 2 (1980)
Ms. Lcandra Costilla Ortiz - Page 4




This ruling triggers important deadlines regarding the rights and responsibilities of the
governmental body and of the requestor. tor more information concerning those rights and
responsibilities. please visit our website at http: \\ \\ \\ .na!!.stall'.l:\.u,{ open index nrl.php.
or call the Office or the         ttorney General's Open Government                Hotline, toll free.
at (877) 673-6839. Que tions concerning the allowable charges for providing public
information under the Act must be directed to the Cost Rules Administrator of the Oftice of
the Attorney General. toll free, at (888) 672-6787.

Sincerelyr:"
        I




1
    -IL,
       "I


 neka Kanu
                   G-
Assistant Attorney General
Open Records Division

     K/bhf

Ref:         10# 482652

Enc.         Submitted   documents

c:           Requestor
             (w/o enclosures)


             Mr. Robert David l Iachar
             Hachar Media Advertising
             Suite E7
             4100 San Bernardo Avenue
             Laredo. Texas 78041
             (w/o enclosures)

				
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