OTTAWA – Knowing that it’s hard for many parties to properly respond to regulatory challenges when only one side can see certain confidential information, the CRTC has today called for comments on a proposed practice direction on the provision of confidential access to confidential Information.
The Commission isn’t proposing to let everyone see everything, just to open up a few file folders for a look-see (without a microfilm camera, we presume).
“The Commission conducts its public processes in an open and transparent manner. In some instances, parties submit information in the course of proceedings for which they request confidentiality. In such cases other parties to the proceeding may request public disclosure of the information. If such a request is granted, the information is put on the public record,” says today’s call, explaining how it’s worked in the past.
“If it is determined that the harm outweighs the public interest in disclosure, the request is denied and the information remains confidential. In the absence of such a request, the Commission may require that information for which confidentiality is claimed be put on the public record.”
And here’s the proposed change:
“The Commission is of the view that there may be instances where, in order for a party to be able to participate meaningfully in a proceeding, it must receive some access to confidential information. In order to allow for meaningful participation while respecting the confidential nature of certain information, the Commission proposes to grant confidential access under certain conditions in broadcasting and telecom proceedings, as well as make provision for in camera proceedings. In order to implement this approach, the Commission has developed a proposed Practice Direction on the Provision of Confidential Access to Confidential Information (the Practice Direction).”
“The Practice Direction sets out the process that a party requesting confidential access to confidential information (the Requesting Party) must follow, the test the Commission will apply and the applicable conditions where access is granted.
And, “In order to protect the confidentiality of the information, only certain individuals will be granted confidential access to confidential information. These individuals are external counsel, external experts under the control of external counsel, and their staff members.”
But no journalists…
The deadline for comments is 24 October 2007.
