Electricity Regulation Act, 2006 (Act No. 4 of 2006)

Rules

Rules for Conducting Tribunal Proceedings

32. Protection of Personal Information and Confidential Information

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1. To the extent that any documents filed with a Tribunal in terms of these Rules and any other incidental process may contain personal information of either Party, all relevant provisions of the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) shall apply.

 

2. Any alleged confidential information forming part of any documents filed with a Tribunal must be contained in a separate annexure clearly marked ‘confidential’, accompanied by a written statement setting out the grounds for the claim of confidentiality.

 

3. If a Tribunal agrees that the information referred to in sub-rule (2) above will be treated as confidential, access to such information including Tribunal decisions and reasons for decision which make reference to such information, shall be subject to the relevant provisions of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000).

 

4. If the Tribunal notifies the Party claiming the confidentiality, that their information will not be treated as confidential, it may still not disclose that information to any other Party for at least ten (10) business days to allow the claiming Party enough time to decide if such should not be excluded from the documents required to be served on the Parties.