Guide to Evidence  Section 517. Trade secrets

[Privilege not recognized]

In Gossman v. Rosenberg, 237 Mass. 122, 124 (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 agency’s 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).