Legal Services

	"We received a request for information that includes a third party’s proprietary documentation. Do we need to notify the third party?"

What does the county need to do if a PIA request implicates a third party's proprietary interests?

When the county receives a request for proprietary information relating to a third party, the county must request an attorney general’s determination and make a good faith effort to notify the third party. Government Code §552.305. The county’s written notice to the third party must be sent no later than the 10th business day after the county receives the request for information, and it must include a copy of the request for information. The notice must inform the third party that it is entitled to submit a statement to the AG explaining why the requested information should be withheld from the requestor. The county’s notice must also inform the third party that its letter to the AG must be sent no later than the 10th business day after receipt of the county’s notice. For more information about third party notices and to see a sample notice, visit the Third Party Information page on the AG’s website. For more information about PIA requests, generally, see our publication Public Information Act.