Ohio § 1121.25

§ 1121.25.

(A) The superintendent of financial institutions may grant confidential treatment for

information in or related to an application or notice submitted to the superintendent

pursuant to Chapters 1101. to 1127. of the Revised Code that is subject to the superintendent's

approval or an opportunity for the superintendent to disapprove, if confidential treatment

is requested by the person submitting the application or notice and any of the following

applies: (1) The information is of a commercial or financial nature, disclosure of which would

likely result in substantial harm to the competitive position of the person submitting

the application or notice, affiliates of the person submitting the application or

notice, or any other party to the transaction or its affiliates. (2) The information is of a personal, medical, financial, or similar nature, disclosure

of which would result in a clearly unwarranted invasion of personal privacy. (3) The information is contained in, related to, or derived from examinations, operating

or condition reports, agreements, orders, or actions prepared by, or on behalf of,

or for the use of a governmental agency or authority responsible for the regulation

or supervision of financial institutions. (4) The information has been filed with a governmental agency or authority and has not

yet been approved for disclosure by that agency or authority. (5) The information is specifically exempted from disclosure by statute. (B) The person requesting confidential treatment under this section shall do so in writing

at the time the application or notice containing the information, or additional information

related to an application or notice, is submitted.  The request shall separately address each item of information for which confidential

treatment is requested, explaining the applicability of the asserted justification

for confidential treatment and specifically demonstrating the harm that would result

from public disclosure of the item of information or the reason the person submitting

the application or notice cannot authorize public disclosure of the item of information.  The person submitting the application or notice shall separately bind and identify

all items of information for which confidential treatment is requested and make specific

reference to those items in the remainder of the application or notice or additional

information related to the application or notice. (C) The superintendent shall review a request for confidential treatment and provide

the person submitting the application or notice with written notice of the superintendent's

decision on granting confidential treatment for each item of information for which

it is requested.  If the superintendent's decision is not to grant confidential treatment to an item

of information, the person submitting the application or notice may withdraw the item

of information by written notice within ten days after that person's receipt of the

superintendent's decision.  If the person submitting the application or notice fails to withdraw the item of

information within the ten-day period, that person is deemed to have waived the right

to withdraw, and the item of information is deemed a part of the application or notice

available to the public. (D) An item of information submitted with a request for confidential treatment is deemed

not to have been filed with the superintendent until the superintendent grants confidential

treatment or the person submitting the application or notice is deemed to have waived

the right to withdraw the item of information.  Until the item of information submitted with a request for confidential treatment

is filed in accordance with this section, no person shall copy or inspect the item

of information or anything derived from the item of information, except as is necessary

to assist the superintendent in deciding whether to grant confidential treatment to

the item of information in accordance with division (C) of this section. (E) When an item of information is filed following the superintendent's decision to grant

it confidential treatment, the item of information is not a public record, as defined

in section 149.43 of the Revised Code , and shall be used only by the superintendent in connection with the performance

of the duties and exercise of the powers of the superintendent.  However, without prior notice to the person submitting the application or notice,

the superintendent may disclose or comment on any of the contents of the application

or notice in an order, statement, or opinion issued by the superintendent in connection

with a decision on the application or notice.