Bulletin – Confidentiality – Consultation
The AUC announced that it would make amendments to Section 13 of AUC Rule 001: Rules of Practice (“Rule 1”) to simplify and improve the processing of motions requesting confidential treatment of documents in AUC proceedings.
Among the changes proposed is the adoption of a new form of undertaking to be used by external parties seeking access to information that is the subject of a confidential treatment ruling.
The AUC noted that it would be inviting stakeholder comment on the proposed form. Written submission are due to the AUC not later than April 15, 2016 at 2:00 p.m.
Other changes to Section 13 of Rule 1 include:
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Requiring the moving party to file on the public record either a redacted version of the document that is the subject of the request, or, where the request relates to the entire document, a description or summary of the document.
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Requiring the moving party to provide the Commission with an electronic un-redacted copy of the entire document that is the subject of the request.
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Requiring parties to submit all confidential document(s) in electronic format, such as a USB stick, by courier to the AUC’s senior records officer rather than hard copy. Submissions by email are not permitted.
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Clarifying that the Commission will exercise its discretion on a case-by-case basis in determining who will have access to the documentation and indicating that the Commission may issue decisions in which confidential information is redacted.
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Requiring parties to file, with each undertaking, a document protocol outlining their internal processes and procedures for handling confidential information.
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Requiring a moving party who has been denied confidential treatment to file an un-redacted copy of the information on the record subject to an ability to withdraw the information rather than placing it on the public record, unless otherwise directed by the Commission.
