House Bill No. 7030
House Bill No. 7030
PUBLIC ACT NO. 97-110
AN ACT CONCERNING DUMPSTER DIVING.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 35-51 of the general statutes is
repealed and the following is substituted in lieu
thereof:
As used in this chapter, unless the context
requires otherwise:
(a) "Improper means" includes theft, bribery,
misrepresentation, breach or inducement of a
breach of duty to maintain secrecy, or espionage
through electronic or other means, INCLUDING
SEARCHING THROUGH TRASH.
(b) "Misappropriation" means: (1) Acquisition
of a trade secret of another by a person who knows
or has reason to know that the trade secret was
acquired by improper means; or (2) disclosure or
use of a trade secret of another without express
or implied consent by a person who (A) used
improper means to acquire knowledge of the trade
secret; or (B) at the time of disclosure or use,
knew or had reason to know that his knowledge of
the trade secret was (i) derived from or through a
person who had utilized improper means to acquire
it; (ii) acquired under circumstances giving rise
to a duty to maintain its secrecy or limit its
use, including but not limited to disclosures made
under section 1-19, sections 31-40j to 31-40p,
inclusive, or subsection (c) of section 12-62; or
(iii) derived from or through a person who owed a
duty to the person seeking relief to maintain its
secrecy or limit its use; or (C) before a material
change of his position, knew or had reason to know
that it was a trade secret and that knowledge of
it had been acquired by accident or mistake.
(c) "Person" means a natural person,
corporation, limited liability company, business
trust, estate, trust, partnership, association,
joint venture, government, governmental
subdivision or agency, or any other legal or
commercial entity.
(d) Notwithstanding the provisions of
sections 1-19, 31-40j to 31-40p, inclusive, and
subsection (c) of section 12-62, "trade secret"
means information, including a formula, pattern,
compilation, program, device, method, technique,
process, drawing, cost data or customer list that:
(1) Derives independent economic value, actual or
potential, from not being generally known to, and
not being readily ascertainable by proper means
by, other persons who can obtain economic value
from its disclosure or use, and (2) is the subject
of efforts that are reasonable under the
circumstances to maintain its secrecy.
Approved June 6, 1997