(1) Information submitted to the board will be treated as public information, except when the demand of individual privacy clearly exceeds the merits of public disclosure, the information is confidential, or contains intellectual property or proprietary information.

(2) Confidential information includes:  

(a)  information determined to be personally identifiable information under Montana law;

(b)  documents and discussions protected by the attorney-client privilege or attorney work product doctrine; and

(c)  personnel matters.

(3)  Intellectual property and proprietary information will be protected from public disclosure in accordance with the board's nondisclosure agreement.