(a) The authority adopts as its official policy the principle of open records and, unless otherwise provided by this section or other applicable law, the information and documents maintained, received, or produced by the authority are public records, as that term is defined in § 10-7-503.
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Terms Used In Tennessee Code 64-9-113

  • Authority: means the Megasite Authority of West Tennessee. See Tennessee Code 64-9-103
  • Contract: A legal written agreement that becomes binding when signed.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
(b) A binding contract or agreement entered into or signed by the authority that obligates public funds, together with all supporting records and documentation, is not a public record until the contract or agreement is entered into or signed.
(c) A public record, including proprietary information, received, produced, or maintained by the authority is confidential for a period of five (5) years if the chief executive officer, with the affirmative agreement of the attorney general and reporter, determines that the record is of such a sensitive nature that the record’s disclosure or release would seriously harm the ability of the authority to effectuate the purposes of this chapter. After five (5) years from the date the confidentiality determination is made, the record made confidential by this subsection (c) becomes a public record and is open for public inspection in accordance with § 10-7-503.
(d) All trade secrets received, maintained, or produced by the authority must remain confidential.
(e) As used in this section, unless the context otherwise requires:

(1) “Proprietary information” means commercial or financial information that is used either directly or indirectly in the business of a person submitting information to the authority, and that gives such person an advantage or an opportunity to obtain an advantage over competitors who do not know or use such information; and
(2) “Trade secrets” means manufacturing processes, materials used in manufacturing processes, and costs associated with the manufacturing process of a person submitting information to the authority.
(f)

(1) This section does not apply to records containing marketing information or capital plans that are provided to the authority with the understanding that the records are now and should remain confidential. Any such record must remain confidential until such time as the provider thereof no longer requires the record’s confidentiality.
(2) As used in subdivision (f)(1), unless the context otherwise requires:

(A) “Capital plans” mean plans, feasibility studies, and similar research and information that will contribute to the identification of future business sites and capital investments; and
(B) “Marketing information” means marketing studies, marketing analyses, and similar research and information designed to identify potential customers and business relationships.
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