Rev. 2011]
Kenya Information and Communications
CAP. 411A
119
[Subsidiary]
(l) “packet switching service” means without using the systems
network, data signals called packages are split up according to a
sequence of signals arranged in a specific format, in accordance
with the ITU X.25 and X.75 standards and such other generally
recognised standards as may be approved for use over the public
communications network by the Commission;
(m) any other service as may be classified as such in the Gazette by
the Commission.
Part II—Operating Procedures
3. (1) Any person who communicates with the Commission, and whose Protected
communication includes confidential business information, may submit a written information.
request to the Commission that the specific portion of that communication
consisting of such confidential information be protected from disclosure.
(2) Any request made under paragraph (1) of this regulation that is
deemed by the Commission to be valid shall entitle the person who has made
such a request to—
(a) protection of confidential business information from being referred
to in any writing or communication issued by the Commission;
(b) non-publication of the confidential information in its entirety in
any writing or communication issued by the Commission and, to
the extent that the confidential information quoted or referred to
by the Commission in any writing or communication, it shall be
identified as such, together with directions on how the full text of
the information may be obtained by the public.
(3) Trade secrets and other confidential or proprietary information
pertaining to the commercial interests of any person, which are submitted in
connection with a communication by any person to the Commission, may be
entitled to treatment as confidential business information.
(4) A person seeking to have information or materials treated as
confidential business information may submit the information or materials to
be considered separately from the other communications to the Commission,
together with a written request that the Commission treat such information as
confidential business information.
(5) The Commission may on its own motion determine that the information
or materials should not be routinely available for public inspection.
(6) In the absence of a request referred to in paragraph (4), materials
or information that are submitted may be made available for inspection upon
request, even though such information or materials may contain trade secrets
or confidential information.
(7) The presence of confidential business information within the body