21. How does the Protocol protect confidential information?
In accordance with the advance informed agreement or other procedures specified by the Protocol, the notifier is required to submit information to the Party of import so as to allow the latter to take decision on the import of the living modified organism in question. In return, the Party of import has an obligation to permit the notifier to identify information that needs to be treated confidential. The Party of import may request the notifier to justify why certain information should be kept confidential, and in the event of difference, it should consult the notifier prior to any disclosure.
Each Party is required to protect confidential information received under the Protocol. It has to put in place procedures to protect and treat such information in no less favourable manner than it treats confidential information in connection with domestically produced living modified organism. The Party of import shall not use confidential information for commercial purposes without the written consent of the notifier. Unless the notifier withdraws or has withdrawn the notification, information regarding (a) the name and address of the notifier; (b) general description of the living modified organism; (c) summary of risk assessment; and (d) methods and plans for emergency response, will not be considered confidential. (see
Article 21)
It should also be noted that once information is made available to the BCH in accordance with
Article 20 and other provisions of the Protocol, it will not be considered confidential as the objective is to make this information publicly available (see
decision BS-I/3, Annex, Section B, paragraph (q)).
