Certain amendments have been proposed to Regulations 35 (Confidentiality of informants), 37 (Inspection of certified copies of documents submitted during proceedings of the Commission) and 50 (Inspection of record by a party to the proceeding) of the CCI (General) Regulations, 2009, and a brief overview of the same is hereunder:
- The party claiming confidentiality is to provide an undertaking in the form of an affidavit certifying the claims in terms of requirements under Regulation 35.
- The party seeking access to confidential information is to make a request for setting up a Confidentiality Ring at the earliest. The timelines and procedure for the same have been added to the current Regulation 35 under sub-clause 6A.
- The parties included in the Confidentiality Ring may make an application for inspection under Regulation 37 r/w Regulation 50 within 7 days from date of submission of undertaking. The timeline for completion and granting of application has been clearly demarcated within Regulation 35(9).
- A Confidentiality Ring is a disclosure measure introduced in 2022 under the CCI (General) Regulations, 2009 whereby the disclosing party makes disclosures of confidential information to specified categories of individuals.
Originally published 05 April 2024
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