3.2.1.070 Confidentiality of Documents and Testimony

(a) Documents If the Governor or an executive branch employee reasonably believes that the information or documentation requested by the Council or Council Committee contains confidential information, then the Governor or his designee shall: (1) inform the Council or Council Committee; (2) redact the alleged confidential information; and, (3) produce the remaining information to the Council or Council Committee. If the Council or Council Committee continues to assert the need for all the information or documentation including the alleged confidential information, then the Governor or executive branch employee shall produce and deliver all of the requested information and documentation without redactions to the Council or Council Committee in a sealed envelope marked "CONFIDENTIAL INFORMATION", and any subsequent disclosure of the alleged confidential information received by the Council or Council Committee shall not be the responsibility of the Governor or executive branch employee.

(b) Testimony If the Governor or an executive branch employee reasonably believes that the testimony requested by the Council or Council Committee contains confidential information, then the Governor or his designee shall inform the Council or Council Committee, and the Council or Council Committee shall receive such testimony in an executive session, and any subsequent disclosure of the alleged confidential information received by the Council or Council Committee from such testimony shall not be the responsibility of the Governor or executive branch employee.