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Illinois Trade Secrets: What you need to know

Governing Law and Regulations

Confidentiality claims: Illinois Environmental Protection Act, 415 Illinois Compiled Statutes (ILCS) 5/7

Regulatory Agency
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Illinois Environmental Protection Agency (IEPA)

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Illinois has developed regulations for protecting confidential business information that follow the federal model.

As a general rule, information that is submitted to IEPA as an official submission (permit application, reporting form, etc.) is available to the general public. However, it is possible to protect some (but not all) confidential business information by indicating that it is a trade secret.

Because of the sensitive nature of confidential business information, it is advisable to contact an attorney or IEPA before making any submissions that may be subject to protection.

Administration and enforcement. IEPA is responsible for the administration and enforcement of the state's environmental rules relating to trade secret protection of confidential business information.

State Requirements

CONFIDENTIALITY CLAIMS

Illinois allows certain information provided to state agencies as a condition of a permit or regulation to be considered confidential and protected from disclosure. Contact the specific state agency to which a submission is made to determine their current procedure for maintaining confidentiality.

Follow the federal procedures that require persons to make trade secrecy claims in writing at the time the information is first sent to federal agencies. See the national section TRADE SECRETS for more information.

Exceptions

415 ILCS 5/7

All files, records, and data must be open to reasonable public inspection and may be copied for a reasonable fee, except information that constitutes a trade secret, as well as other privileged information.


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State Requirements

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Illinois Trade Secrets Resources

Trade Secrets Products

Trade Secrets Webinar Recording
BLR Webinar: "Trade Secrets: How to Keep Departing Workers from Running Off with Your Valuable Data""
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BLR Webinar: "Noncompete Agreements: How to Protect Your Company Without Courting a Costly Lawsuit""
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BLR Webinar: "Plugged-In Employees: How To Effectively – and Legally – Monitor Their Tweets, Facebook Posts, Texts, Emails, Blogs, and More""
Social Media on the Job Webinar Recording
BLR Webinar: "Social Media on the Job: Bulletproof Policies That Reduce Your Legal and Financial Risks""
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