§ 1504.205 - Procedures to designate information as “sensitive”.

(a) Any person, who has been requested by the OFI to provide information, including computerized data, which that person believes to be “sensitive,” must so designate the information on its face and also submit, simultaneously with the information, a petition justifying that “sensitive” designation.

(b) A petition for “sensitive” designation must contain the following:

(1) A thorough statement (including documentary support and sworn affidavits if appropriate) explaining why the information is “sensitive,” pursuant to the criteria set forth in §§ 1504.202 and 1504.203;

(2) When appropriate, the length of time and the circumstances under which the information should remain designated “sensitive”; and

(3) The name and address by which the petitioner can promptly be reached by the OFI (through letter or telegram) concerning the petitioned-for designation.

(c) Upon receipt of the petition, the OFI General Counsel or designee will determine whether the information will be designated as “sensitive.”

(1) The General Counsel or designee will make this determination as soon after receipt of the petition as is practicable, but in the interim the petitioner may not assume that the petition has been approved.

(2) The General Counsel or designee will notify the petitioner of one of the three following determinations:

(i) The information is designated as “sensitive” and thus will be protected from public disclosure under all circumstances, as per § 1504.206;

(ii) The information is not designated as “sensitive,” in which case the petitioner may, where appropriate, consider petitioning the OFI for a “business” designation, as per § 1504.207; or

(iii) The petition is inadequate for making a final determination, in which case the petitioner will have five calendar days from receipt of the determination in which to cure the petition.