Mathias, J.
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On appeal, Constantinos claims that the trial court erred in concluding that the matters marked by Theodore as confidential were still excluded from public access even though Constantinos had filed them in court. This requires us to examine Indiana Administrative Rule 9(G)….
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Theodore claims that the deposition materials should have remained confidential because the trial court had already approved of the agreed-to protective order, which he claims would qualify as excludable from public access under Rule 9(G)(1)(c). Our supreme court implicitly disagreed with this position in Travelers, where despite a similar protective order, the court made no indication that this would constitute a specific court order for purposes of Rule 9(G)(1)(c). See 895 N.E.2d at 115-16. Indeed, to hold otherwise would conflate the issue of confidentiality and privilege during discovery with the issue of public access to materials filed in open court, which the Travelers court noted are very different questions. See id. at 115.
Here, however, unlike in Travelers, the trial court did enter a specific order in which it concluded that the materials marked confidential during discovery should not be available to the general public. Theodore claims that we should affirm the trial court’s order because public access to his depositions would “create a significant risk of substantial harm” to Theodore because of Constantinos’s apparent intent to use these depositions to support further legal action in Greece. According to the parties, pre-trial depositions are not permitted in Greece. Thus, Constantinos could use our generous discovery procedures to find out information from Theodore as fuel for further suits overseas. Theodore also claims that information in the depositions regarding how he negotiated the price for Beta Steel should be protected as confidential because it has value to his competitors. He therefore argues that his depositions should remain excluded from public access under Administrative Rule 9(H)(1)(b) because access to this information will create a significant risk of substantial harm to him.
The trial court, however, did not make any such conclusions in its order. Instead, it proceeded from the presumption that exclusion of these materials was “automatic” because of its earlier protective order. As explained in Travelers, this is incorrect. Moreover, Theodore now admits that much of what was covered in the protective order is not excluded from public access and even goes so far as to designate those portions of the depositions he now believes should remain confidential. We therefore reverse the trial court’s order regarding public access to Theodore’s depositions and remand with instructions that the trial court hold another hearing at which the burden will be on Theodore to demonstrate by clear and convincing evidence to prove how public access to these specific portions of his depositions will create a significant risk of substantial harm to him pursuant to Administrative Rule 9(H).
Conclusion
The prior rulings of the Greek courts conclusively establish that Panayiotis gave ownership of Beta Steel to Theodore when Panayiotis was still alive, and Constantinos cannot now relitigate this issue in Indiana courts. As all of Constantinos’s legal claims are based on his claim of a right to a portion of Beta Steel as an heir to Panayiotis’s estate, all of his claims were properly dismissed. The trial court, however, erred in conflating the issue of confidentiality for purposes of discovery with the issue of restricting public access to materials filed in court, and we therefore reverse the trial court’s order regarding public access to Theodore’s depositions and remand with instructions that the trial court hold a hearing at which Theodore must prove by clear and convincing evidence that portions of his depositions should not be open to public access pursuant to Indiana Administrative Rule 9.
Affirmed in part, reversed in part, and remanded.
NAJAM, J., and BROWN, J., concur.