Regulation 35 - Confidentiality

Confidentiality protections for submitted evidence limit public disclosure of trade secrets and require marked public and confidential versions.

Regulation 35 creates a confidentiality regime permitting parties to seek confidential treatment where disclosure would reveal trade secrets, diminish commercial value, or cause serious injury; requests must state cogent reasons and, where possible, an expiry date. Claimants must file both a marked confidential version and a corresponding public version with omissions conspicuously indicated; only the public version is served on other parties. The Commission or Director General may grant confidentiality for a specified period, require segregation of confidential records, mandate dual versions of orders containing confidential material, and impose non-disclosure obligations on persons privy to such materials, with disciplinary or contractual consequences for breaches.