S.L. 549.49 Art. 14Disclosure of confidential data.

(1) Where disclosure of data related to these regulations, affects one or more of the following -

(a) the confidentiality of the proceedings of public authorities, international relations and national defence,

(b) public security,

(c) matters which are, or have been, or under sub judice, enquiry (including disciplinary enquiries), or which are the subject of preliminary investigation proceedings,

(d) commercial and industrial confidentiality, including intellectual property,

(e) the confidentiality of personal data and, or files,

(f) material supplied by a third party without that party being under a legal obligation to do so,

(g) material, the disclosure of which would make it more likely that the environment to which such material is related would be damaged, the notifier may indicate the information in the notifications submitted pursuant to these regulations that should be treated as confidential: Provided that a verifiable justification must be given in such cases.

(2) The competent authority shall decide, after consultation with the notifier, which information will be kept confidential and shall inform the notifier of its decision.

(3) In no case may the following information, when submitted according to regulations 6, 8 or 9, be kept confidential:

(a) the general characteristics of the GMMs, name and address of the notifier, and location of use,

(b) class of contained use and measures of containment,

(c) the evaluation of foreseeable effects, in particular any harmful effects on human health and the environment.

(4) The competent authority shall not divulge to third parties any information decided to be confidential according to subregulation (2) and notified or otherwise provided pursuant to these regulations, and shall protect intellectual property rights relating to the data received.

(5) If, for whatever reasons, the notifier withdraws the notification, the competent authority must respect the confidentiality of the information supplied.