Section 517. Trade Secrets
[Privilege not recognized]
NOTE
In Gossman v. Rosenberg, 237 Mass. 122, 124, 129 N.E. 424, 425426 (1921), the Supreme Judicial Court held that a witness could not claim a privilege as to trade secrets. Cf. Proposed Mass. R. Evid. 507. However, public access to information about trade secrets in a public agencys possession may be limited. See G. L. c. 4, 7, Twenty-sixth (g) (excluding from the definition of public records any trade secrets or commercial or financial information voluntarily provided to an agency for use in developing governmental policy and upon a promise of confidentiality). The confidentiality of trade secrets also may be maintained by means of a protective order whereby a court may protect from disclosure during discovery a trade secret or other confidential research, development, or commercial information. Mass. R. Civ. P. 26(c)(7). See also Mass. R. Crim. P. 14(a)(5). The court may issue such a protective order on motion by a party or by the person from whom discovery is sought and if good cause is shown. Mass. R. Civ. P. 26(c)(7).
