Are there any exceptions to trade secret protection?

Yes, there are exceptions to trade secret protection in Illinois. Generally, trade secrets are protected under the Illinois Trade Secrets Act. However, the Trade Secrets Act does provide certain exceptions. Under this law, trade secrets are not protectable if they have been obtained through independent discovery or reverse engineering; or if they have become publicly known or publicly accessible through other means without the fault of the person attempting to protect the secret. Additionally, the Trade Secrets Act permits public disclosure of trade secrets under certain circumstances. For example, trade secrets may be disclosed when the use of such secrets is necessary to protect the public health or safety. Similarly, trade secrets may be disclosed in civil or administrative proceedings when such disclosure is required for the administration of justice. Finally, the Trade Secrets Act allows for certain types of commercial computer programs to be disclosed under certain circumstances. Specifically, a computer program may be disclosed if the disclosure is necessary to achieve interoperability between the computer program and other computer programs. The Trade Secrets Act also allows for the disclosure of computer programs in order to serve the public interest.

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