(1)    "Private entity," any person or entity that is not a public entity as defined by subdivision 3-21-1(2);

            (2)    "State agency," any association, authority, board, commission, committee, council, department, division, office, officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty. The term does not include the Legislature, the Unified Judicial System, the Public Utilities Commission, the Department of Environment and Natural Resources, any law enforcement agency, or any unit of local government, or joint venture comprised of local governments;

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            (3)    "Financial investigation, examination, or audit," any examination conducted by a state agency of a private entity's proprietary information or trade secret information;

            (4)    "Proprietary information," information on pricing, costs, revenue, taxes, market share, customers, and personnel held by private entities and used for that private entity's business purposes;

            (5)    "Trade secret," information, including a formula, pattern, compilation, program, device, method, technique, process, marketing plan, or strategic planning information that:

            (a)    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

            (1)    To the private entity being investigated, examined, or audited;

            (2)    To those persons whom the private entity has authorized in writing to receive such information;

            (3)    To the officers, employees, or legal representatives of any other state agency which requests the information in writing for the purpose of investigating and enforcing civil or criminal matters. The written request will specify the particular information desired and the purpose for which the information is requested;

            (4)    To any administrative or judicial body if the information is directly related to the resolution of an issue in the proceeding, or pursuant to an administrative or judicial order. However, no person may use a subpoena, discovery, or other applicable statutes to obtain such information;

            (5)    To another state pursuant to an agreement between the State of South Dakota and the other state, but only if the other state agrees to keep the information confidential as set forth in §§ 1-27-28 to 1-27-32, inclusive;

            (6)    To the attorney general, state's attorney, or any state, federal, or local law enforcement officer;

            (7)    To a federal agency pursuant to the provisions of federal law;

            (8)    To the extent necessary to submit any final reports or filings which are otherwise required by law to be prepared or filed;

            (9)    Repealed by SL 2004, ch 25, § 4.

            (10)    To comply with federal law, rules, or program delegation requirements ; or