Mississippi Code
Miss. Code Ann. § 79-23-1 (2026)
Commercial and financial information exempt from provisions of public access; application of Trade Secrets Act
✓ current as of July 2026
- (1) Commercial and financial information of a proprietary nature required to be submitted to a public body, as defined by paragraph (a) of Section 25-61-3, by a firm, business, partnership, association, corporation, individual or other like entity, shall be exempt from the provisions of the Mississippi Public Records Act of 1983; provided, however, that nothing herein shall be construed to deny access to such information submitted to a regulatory agency by a public utility that is related to the establishment of, or changes in, rates regulated by such agency.
- (2) Nothing in this section shall be construed to deny a public utility the right to protect trade secrets or confidential commercial or financial information, as provided in subsection (1) of Section 25-61-9.
- (3) Trade secrets and confidential commercial and financial information of a proprietary nature developed by a college or university under contract with a firm, business, partnership, association, corporation, individual or other like entity shall be exempt from the provisions of the Mississippi Public Records Act of 1983.
- (4) Misappropriation of a trade secret shall be governed by the provisions of Mississippi Uniform Trade Secrets Act, Section 75-26-1 through 75-26-19.
Laws, 1983, ch. 424, § 22; Laws, 1988, ch. 406, § 2; Laws, 1990, ch. 442, § 17, eff. 7/1/1990.
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 2004–2024 · leading case: Gannett Co. v. Entergy Mississippi, Inc., 940 So. 2d 221 (Miss. 2006).
Gannett Co. v. Entergy Mississippi, Inc., 940 So. 2d 221 (Miss. 2006). “Concerning public utilities, Miss. Code Ann. § 79-23-1 (1) and (2) address the disclosure of public records and confidential information which are exempt from disclosure: (1) Commercial and financial information of a proprietary nature required to be submitted to a public body,…”
Miss. State Univ. v. PETA, INC., 992 So. 2d 595 (Miss. 2008). “MSU submitted a "Log of Confidential Documents" which listed each project title as "confidential" and claimed a "privilege/protection" for each IACUC protocol form based upon "(1) Miss.”
Mississippi State Univ. v. People for the Ethical Treatment of Animals, Inc., 992 So. 2d 595 (Miss. 2008). “MSU submitted a “Log of Confidential Documents” which listed each project title as “confidential” and claimed a “privilege/protection” for each IACUC protocol form based upon “(1) Miss.”
Mississippi Power Co. v. Mississippi Pub. Serv. Comm'n, 135 So. 3d 887 (Miss. 2014). “See Miss.Code Ann § 79-23-1(1) (Rev.2013) ("Commercial and financial information of a proprietary nature required to be submitted to a public body, as defined by paragraph (a) of Section 25-61-3, by a firm, business, partnership, association, corporation, individual or other…”
Gannett River States Publ'g Co., Inc. v. Entergy Mississippi, Inc. (Miss. 2004). “Miss. Code Ann. § 79-23-1 (1) & (2) (emphasis added).”
Mississippi Power Co. v. Mississippi Pub. Serv. Comm'n (Miss. 2013). “” 4 See Miss. Code Ann. § 79-23-1 (2) (Rev. 2013) (“Nothing in this section shall be construed to deny a public utility the right to protect trade secrets or confidential commercial or financial information, as provided in subsection (1) of Section 25-61-9.”
Mississippi Power Co. v. Mississippi Pub. Serv. Comm'n (Miss. 2013). “” 4 See Miss. Code Ann. § 79-23-1 (2) (Rev. 2013) (“Nothing in this section shall be construed to deny a public utility the right to protect trade secrets or confidential commercial or financial information, as provided in subsection (1) of Section 25-61-9.”
Rankin Cnty., Mississippi v. Mississippi Pub. Serv. Comm'n & Entergy Mississippi, LLC (Miss. 2024). “Miss. Code Ann. § 79-23-1 (2) (Rev. 2013).”
The City of Pascagoula, Mississippi v. Anna Belle Cumbest (Miss. Ct. App. 2024). “2022); Miss. Code Ann. § 79-23-1 (Rev. 2013). 28 Rather, Cumbest contends that the privilege was waived when the city attorney referenced “[w]hat [he] had circulated previously” at the section 21-19-11 hearing and then outlined potential action to be taken should the city…”
The Iams Co. v. People for the Ethical Treatment of Animals, Inc. (Miss. 2006). “MSU submitted a “Log of Confidential Documents” which listed each project title as “confidential” and claimed a “privilege/protection” for each IACUC protocol form based upon “(1) Miss.”
— Miss. Code Ann. § 79-23-1(1) — 4 cases
Gannett Co. v. Entergy Mississippi, Inc., 940 So. 2d 221 (Miss. 2006). “Concerning public utilities, Miss. Code Ann. § 79-23-1 (1) and (2) address the disclosure of public records and confidential information which are exempt from disclosure: (1) Commercial and financial information of a proprietary nature required to be submitted to a public body,…”
Mississippi Power Co. v. Mississippi Pub. Serv. Comm'n, 135 So. 3d 887 (Miss. 2014). “See Miss.Code Ann § 79-23-1(1) (Rev.2013) ("Commercial and financial information of a proprietary nature required to be submitted to a public body, as defined by paragraph (a) of Section 25-61-3, by a firm, business, partnership, association, corporation, individual or other…”
Mississippi Power Co. v. Mississippi Pub. Serv. Comm'n (Miss. 2013). “” 4 See Miss. Code Ann. § 79-23-1 (2) (Rev. 2013) (“Nothing in this section shall be construed to deny a public utility the right to protect trade secrets or confidential commercial or financial information, as provided in subsection (1) of Section 25-61-9.”
Mississippi Power Co. v. Mississippi Pub. Serv. Comm'n (Miss. 2013). “” 4 See Miss. Code Ann. § 79-23-1 (2) (Rev. 2013) (“Nothing in this section shall be construed to deny a public utility the right to protect trade secrets or confidential commercial or financial information, as provided in subsection (1) of Section 25-61-9.”
— Miss. Code Ann. § 79-23-1(2) — 1 case
Mississippi Power Co. v. Mississippi Pub. Serv. Comm'n, 135 So. 3d 887 (Miss. 2014). “See Miss.Code Ann § 79-23-1(1) (Rev.2013) ("Commercial and financial information of a proprietary nature required to be submitted to a public body, as defined by paragraph (a) of Section 25-61-3, by a firm, business, partnership, association, corporation, individual or other…”
— Miss. Code Ann. § 79-23-1(3) — 2 cases
Miss. State Univ. v. PETA, INC., 992 So. 2d 595 (Miss. 2008). “MSU submitted a "Log of Confidential Documents" which listed each project title as "confidential" and claimed a "privilege/protection" for each IACUC protocol form based upon "(1) Miss.”
Mississippi State Univ. v. People for the Ethical Treatment of Animals, Inc., 992 So. 2d 595 (Miss. 2008). “MSU submitted a “Log of Confidential Documents” which listed each project title as “confidential” and claimed a “privilege/protection” for each IACUC protocol form based upon “(1) Miss.”
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