Public employees could not sign data-center secrecy agreements

Public employees and public officers would be barred from entering certain data-center nondisclosure agreements and could face a civil fine of up to $1,000. The rule covers state and local employees, contractors, elected or appointed officers, and many state and local public bodies. It excludes the judiciary and certain county clerk functions. The agreement must relate to a data-center project and restrict sharing information based on confidentiality or trade-secret claims. The county prosecutor where the violation occurred or the attorney general could sue to collect the fine. The rule would apply to agreements entered into, changed, extended, or renewed on or after the act's effective date.

The ban would not cover certain protected information or written agreements settling actual or threatened lawsuits. The exceptions cover information protected by legal privilege, information whose disclosure is barred by law, and written litigation settlements. The exceptions do not require disclosure of the protected information. The agreement must be a written settlement of actual or threatened litigation to qualify for the settlement exception. These exceptions would apply when the act governs an agreement entered into, amended, extended, or renewed on or after the effective date.