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(2) If the Authority contests a confidential designation of information, it shall notify the party claiming
confidential treatment in writing that the purported confidential information is to be publicly disclosed.
(3) The party claiming confidentiality has 10 days to file a reply unless the Authority otherwise directs
(4) The Authority may overrule any confidential designation at the request of any person or on its own
motion if it determines that the said information is not confidential in accordance with subrule (2)
(5) Subject to subrule (6), any person may object to the confidential designation of any information filed
with the Authority as contemplated in Rule 30, and the burden of proof that the information is not in fact
confidential is on the proponent of the confidential designation
(6) A party, contemplated in subrule(s), desiring public disclosure of information in respect of which there
has been a claim of confidentiality may file with the Authority:
(a)
a request for public disclosure of the information, setting out the reasons thereof including
the public interest in the disclosure of the information; and
(b)
any material in support of the reasons why such information should be publicly disclosed
(7) A copy of a request for the public disclosure of information has to be served on the party claiming
confidentiality, and that party may, unless the Authority determines otherwise, file a reply with the Authority
within 10 days after the date of service of the request and shall serve a copy of the reply on the party
requesting public disclosure
Decision of Authority on confidentiality
30. (1) The Authority may, after receipt of a request for confidential treatment in terms of rule 28
(a)
dispose of a claim for confidentiality on the basis of the documentation filed; or (b) if it
considers such procedure to be just and proper
(i)
refer the matter for hearing under rule 46;
(ii)
require depositions or examinations to be taken before a person appointed to take
evidence under rule 48; or
(iii)
take the matter under advisement of a quorum of the Board
(2) Where the Authority is of the opinion that! based on all the material before it, the specific direct harm
likely to result from the public disclosure justifies a claim for confidentiality, the Authority may:
(a)
order that the document not be placed on the public record;
(b)
order limited disclosure of the document, or that the document be disclosed to a selected
number of particular persons;
(c)
order disclosure of an abridged version of the confidential information; or
(d)
order that the document be disclosed to parties at a hearing to be conducted in camera
(3) A decision of the Authority to treat information as confidential has no binding effect on any Other
Government agency.