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repealed and the following is substituted in  lieu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