The Alabama Open Meetings Act allows governmental bodies to convene an executive session to discuss information of the character defined or described in the Alabama Trade Secrets Act. See Ala. Code §§ 8-27-1 through 8-27-6 (2002) (Alabama Trade Secrets Act).
Also, such data is explicitly protected by several statutory provisions regarding records. See, e.g., Ala. Code § 11-65-15 (1994) (information on applications for racing facility license regarding confidential financial information, percentage of ownership, etc., is not open to the public); Ala. Code § 22-22-9(c) (1997) (water pollution control records produced to the Department of Environmental Management that would divulge production or sales figures or unique methods, processes, or production, trade secrets, or other competitive information is not open to the public). Public officials who receive this sensitive material probably will be aware, or will be made aware, that the confidentiality of much of this data is protected by law and will avoid discussion of the data in open meetings in such a way that confidentiality would be breached. Op. Att’y Gen. Ala., 2006-068 (personal financial records submitted to and considered by regional planning commission as part of determination regarding award of funds does not fall within one of the enumerated exceptions and thus discussions of same cannot be closed)