The Complainant alleged the DOH violated the APRA when it refused to provide records responsive to its APRA request seeking a copy of the Intoxilyzer I-9000 Training Manual. Among the twenty-seven (27) exceptions to the APRA is R.I. Gen. Laws § 38-2-2(4)(B), which exempts from public disclosure, "[t]rade secrets and commercial or financial information obtained from a person, firm, or corporation which is of a privileged or confidential nature." In The Providence Journal v. Convention Center Authority, 774 A.2d 40, 47 (R.I. 2001), the RI Supreme Court examined R.I. Gen. Laws § 38-2-2(4)(B) and explained that commercial information provided to the Government was exempt from disclosure "if it is of a kind that would customarily not be released to the public by the person from whom it was obtained." Based upon the evidence presented, we concluded that the Intoxilyzer I-9000 Training Manual, which is copyrighted, is "of a kind that would customarily not be released to the public by the person from whom it was obtained." The DOH did not violate the APRA.
