8.64.110 Trade secrets.

             A.               If a user believes that a request for information made either by the disclosure form or otherwise pursuant to this chapter involves the release of a trade secret, the user shall so notify the fire department in writing. As used herein, trade secret shall have the meaning given to it by Section 6254.7 of the Government Code and Section 1060 of the Evidence Code.

             B.               Subject to the provisions of this section, the fire department shall protect from disclosure any trade secret coming into its possession when requested to do so in writing by the user.

             C.               Any information reported to or otherwise obtained by the city fire department, or any of its representatives or employees, which is exempt from disclosure pursuant to subdivision B of this section shall not be disclosed to anyone except:

             1.               To an officer or employee of the city, the state of California, or the United States of America, in connection with the official duties of such officer or employee under any law for the protection of health, or to contractors with the city and their employees if in the opinion of the fire chief, such disclosure is necessary and required for the satisfactory performance of a contract for performance of work; or

             2.               To any physician where the physician determines that such information is necessary to the medical treatment of his or her patient.

             D.               For the purposes of this section, fire and emergency response personnel and county health personnel operating within the jurisdiction of the city shall be considered employees of the city.

             E.               Any officer or employee of the city, or former officer or employee, who by virtue of such employment or official position has obtained possession of or has access to information, the disclosure of which is prohibited by this section, and who, knowing that disclosure of the information is prohibited, knowingly and willfully discloses the information in any manner to any person not entitled to receive it, shall be guilty of a misdemeanor. Any contractor within the city and any employee of such contractor, who has been furnished information as authorized by this section, shall be considered to be an employee of the city for purposes of this section. Any physician who has been furnished information or who has obtained information pursuant to subsection B of this section and who, knowing that the disclosure of the information is prohibited, knowingly and willfully discloses the information, shall be guilty of a misdemeanor.

             F.               Information certified by appropriate officials of the United States, as necessarily kept secret for national defense purposes, shall be accorded the full protection against disclosure as specified by such official or in accordance with the laws of the United States.

             G.               Upon receipt of a request for the release of information to the public which includes information which the user has notified the fire department is a trade secret pursuant to subdivision A of this section, the fire department shall notify the user in writing of said request by certified mail. The fire department shall release the information thirty (30) days after the day of mailing said notice, unless, prior to the expiration of said thirty (30) days, the user institutes an action in an appropriate court for a declaratory judgment that said information is subject to protection under subsection B of this section and/or an injunction prohibiting disclosure of said information to the general public.

             H.              The provisions of this section shall not permit a user to refuse to disclose information required pursuant to this chapter to the city fire department. (Prior code § 71.01.180)