Dannieille McCoy (McCoys)—filed a Motion for Protective Order and Confidential Treatment of
Filed Documents (Motion) with the Department requesting that the financial information
submitted to the Department in support of the approval request be accorded confidential
treatment and sealed from public disclosure.
Admin. R. Mont. 32.15.105(1)(a) requires that a request for approval of change of ownership in a livestock market be accompanied by “[c]urrent financial statements of the market and of those persons acquiring ownership or control” and “[e]xecuted copies of any contracts bearing on the change of ownership or control.” Nuffer, the McCoys, and High Country Livestock, Inc. submitted these required documents, which is the subject of the Motion.
The Board finds that Nuffer and the McCoys, as individuals, have a reasonable expectation of privacy in documents containing information as to their personal finances and that Admin. R. Mont. 32.15.105(1)(a)'s submission requirement does not diminish this expectation as to dissemination outside of the Department. The Board also finds that the public's right to know does not outweigh these individual privacy rights.
The Board further finds that High Country Livestock, Inc.'s financial situation meets the definition of a trade secret set forth in Mont. Code Ann. § 30-14-402(4) as to any person or entity outside of the Department, which regulates livestock markets pursuant to Mont. Code Ann. § 81-8-212. The Board finds that financial documents pertaining to High County Livestock, Inc:
Warrant confidential treatment notwithstanding the constitutional presumption of public access to agency records;
Constitu underset · tte "information" as that term is understood under Montana law;
Are, in fact, secret and not generally known or readily ascertainable;