Section 7 IMMUNITY FROM LIABILITY FOR CONFIDENTIAL DISCLOSURE OF A TRADE SECRET TO THE GOVERNMENT OR IN A COURT FILING.

• Jurisdiction: United States

Section 7. Immunity from Liability for Confidential Disclosure of a Trade Secret to the Government or in a Court Filing.

(a) Amendment.—Section 1833 of title 18, United States Code, is amended—

(1) by striking "This chapter" and inserting "(a) In General.—This chapter";
(2) in subsection (a)(2), as designated by paragraph (1), by striking "the reporting of a suspected violation of law to any governmental entity of the United States, a State, or a political subdivision of a State, if such entity has lawful authority with respect to that violation" and inserting "the disclosure of a trade secret in accordance with subsection (b); and
(3) by adding at the end the following:

(b) Immunity From Liability for Confidential Disclosure of a Trade Secret to the Government or in a Court Filing.—

(1) Immunity.—An individual shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that—

(A) is made— (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or
(B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

(2) Use of trade secret information in anti-retaliation lawsuit.—An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual—

(A) files any document containing the trade secret under seal; and
(B) does not disclose the trade secret, except pursuant to court order.

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