"Good Cause" Standard Analyzed For Designating Information As Confidential Under Rule 5.1

Earlier this year, the Court of Chancery enacted Rule 5.1, which raised the bar in terms of what information could remain confidential before the Court. Pursuant to sub-section (b) of the rule, "good cause" is required for information to remain confidential. According to the rule, "good cause ... shall exist only if the public interest in access to Court proceedings is outweighed by the harm that public disclosure of sensitive, non-public information would cause." Court of Chancery Rule 5.1(b)(2). To view a previous post summarizing Rule 5.1, click here.

Through Rule 5.1, the Court has provided examples of categories that may qualify as confidential information, such as "trade secrets, sensitive proprietary information; sensitive financial, business, or personnel information; sensitive personal information such as medical records; and personally indentifying information such as social security numbers, financial account numbers, and the names of minor children."