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Confidentiality claims require self-certification and marked filings; access controlled by confidentiality rings and binding undertakings. Regulation 35 mandates that parties seeking confidentiality must self-certify that disclosure would reveal trade secrets, degrade commercial value, or cause serious injury and state an expiry date for confidentiality. Claimants must file a fully marked confidential version and an exact non-confidential redacted copy; sensitive categories must be segregated. The Commission may form Confidentiality Ring(s) whose members access unredacted material only after providing undertakings restricting use, disclosure and requiring destruction after proceedings. Informants are ordinarily excluded from rings. Two versions of orders are required where confidential material appears, and breaches attract disciplinary or contractual consequences.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Confidentiality claims require self-certification and marked filings; access controlled by confidentiality rings and binding undertakings.
Regulation 35 mandates that parties seeking confidentiality must self-certify that disclosure would reveal trade secrets, degrade commercial value, or cause serious injury and state an expiry date for confidentiality. Claimants must file a fully marked confidential version and an exact non-confidential redacted copy; sensitive categories must be segregated. The Commission may form Confidentiality Ring(s) whose members access unredacted material only after providing undertakings restricting use, disclosure and requiring destruction after proceedings. Informants are ordinarily excluded from rings. Two versions of orders are required where confidential material appears, and breaches attract disciplinary or contractual consequences.
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