Regulation 35 - Confidentiality - CCI (General) Regulations, 2009

35. Confidentiality. (1) The Commission shall maintain confidentiality of the identity of an informant on a request made to it in writing. (2) Any party may submit a request in writing to the Commission or the Director General, as the case may be, that a document or documents, or a part or parts thereof, be treated confidential. (3) A request under sub-regulation (2) may be made only if making the document or documents or a part or parts thereof public will result in disclosure of trade secrets or destruction or appreciable diminution of the commercial value of any information or can be reasonably expected to cause serious injury. (4) A request under sub-regulation (2) shall be accompanied with a statement setting out cogent reasons for such treatment and to the extent possible the date on which such confidential treatment shall expire. (5) Where such document or documents, or a part or parts thereof, form part of the party s written submissions, the party shall file a complete version with the words restriction of publication claimed in red ink on top of the first page and the word confidential clearly and legibly marked in red ink near the top on each page together with a public version, which shall not contain such document or documents or part or parts thereof. (6) The public version of such written submissions shall be an exact copy of the confidential version with the omissions of the confidential information being indicated in a conspicuous manner, as stipulated in sub-regulation (5). (7) The public version of such written submission alone shall be served on the other parties. (8) On receipt of a request under sub-regulation (2), the Commission or the Director General, as the case may be, if satisfied, shall direct that the document or documents or a part or parts thereof shall be kept confidential for the time period to be specified. (9) The Commission or the Director General, as the case may be, may also consider the following while arriving at a decision regarding confidentiality: (a) the extent to which the information is known to outside public; (b) the extent to which the information is known to the employees, suppliers, distributors and others involved in the party s business; (c) the measures taken by the party to guard the secrecy of the information; (d) the ease or difficulty with which the information could be acquired or duplicated by others. (10) In case the Director General has rejected the request of the party made under sub-regulation (2), the party may approach the Commission for a decision regarding confidential treatment. (11) Where the Director General or the Commission has rejected the request for confidential treatment of a document or documents or a part or parts thereof and has informed the party of its intention, such document or documents or part or parts thereof shall, subject to sub-regulation (13), not be treated as confidential. (12) If the party is unwilling to make the document or documents or a part or parts thereof public despite the Commission or the Director General having reached a decision that confidential treatment is not warranted, subject to any order to the contrary that the Commission may pass under section 57 of the Act, such document or documents or part or parts thereof shall be returned to the party and the information contained therein shall be disregarded. (13) The document or documents or a part or parts thereof that have been granted confidential treatment under this regulation shall be segregated from the public record and secured in a sealed envelope or any other appropriate container, bearing the title, the docket number of the proceeding, the notation confidential record under regulation 35 and the date on which confidential treatment expires. (14) If the Commission includes in any order or decision or opinion, information that has been granted confidential treatment under this regulation, the Commission shall file two versions of the order or decision or opinion. The public version shall omit the confidential information that appears in the complete version, be marked subject to confidentiality requirements under regulation 35 on the first page, shall be served upon the parties, and shall be included in the public record of the proceeding. The complete version shall be placed in the confidential record of the proceeding as provided in sub-regulation (13). (15) Any person or party, including any officer or employee appointed by the Commission under sub-section (1) of section 17 of the Act and any expert or professional engaged by the Commission under sub -section (3) of section 17 of the Act or any expert called upon to assist the Commission under sub- section (3) of section 36 of the Act privy to the contents of the document or documents or a part or parts thereof that have been granted confidential treatment under this regulation shall maintain confidentiality of the same and shall not use or disclose or deal with such confidential information for any other purpose other than the purposes of the Act or any other law for the time being in force: Provided that breach of confidentiality by any officer or employee of the Commission appointed under sub-section (1) of section 17 of the Act shall constitute a ground for initiation of disciplinary proceedings under the relevant rules or regulations, as the case may be: Provided further that breach of confidentiality by any expert or professional engaged by the Commission under sub-section (3) of section 17 of the Act or any expert called upon to assist the Commission under sub- section (3) of section 36 of the Act shall be sufficient ground for termination of the engagement or contract, as the case may be.