Working Paper by Japan : Proposed Langage on Article IV : Confidentiality Provisions (WP.218)
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BWC/AD HOC GROUP/WP.218
16 September 1997
Original: ENGLISH
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Eighth session
Geneva, 15 September - 3 October 1997
Working Paper submitted by Japan
Proposed Language on
Article IV Confidentiality Provisions
1. The Organization shall conduct its investigation activities provided for under this Protocol in the least intrusive manner possible consistent with the timely and efficient accomplishment of its objectives. It shall request only the information and data necessary to fulfil its responsibilities under this Protocol. It shall take every precaution to protect the confidentiality of information on civil and military activities and facilities coming to its knowledge in the implementation of this Protocol and, in particular, shall abide by the provisions on confidentiality set forth in this Protocol.
2. The Director-General of the Technical Secretariat shall have the primary responsibility for ensuring the protection of confidential information. The Director-General shall establish a stringent regime governing the handling of confidential information by the Technical Secretariat as well as the necessary procedures to be followed in case of breaches or alleged breaches of confidentiality.
3. Without prejudice to the privileges and immunities to be accorded pursuant to this Protocol, the Organization, the Director-General of the Technical Secretariat, investigators and investigation assistant or other staff members of the Technical Secretariat shall, in accordance with the applicable laws specified in the private international law of the State of forum, be liable to the natural or legal persons for any damage caused by the Director-General of the Technical Secretariat, the investigators and investigation assistants or other staff members of the Technical Secretariat through unauthorized disclosure of confidential information coming to their knowledge in connection with the implementation of this Protocol.
4. Any State Party to this Protocol which considers that it has been affected by a breach of confidentiality or that its natural or legal persons have suffered from damage through such a breach may seek to settle the dispute in accordance
BWC/AD HOC GROUP/WP.218
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with the provisions set forth in Article XII or by referring it to the Confidentiality Commission to be set up pursuant to paragraph 7 of this Article.
5. Each State Party shall treat as confidential and afford special handling to information and data that it receives in confidence from the Organization in connection with the implementation of this Protocol. It shall treat such information and data exclusively in connection with its rights and obligations under this Protocol and, in particular, shall abide by the provisions on confidentiality set forth in this Protocol.
6. Each State Party shall have the right to take such measures as it deems necessary to protect confidential information, provided that it fulfils its obligations to demonstrate compliance in accordance with the relevant provisions of this Protocol.
7. The Conference of the States Parties shall establish and appoint, at its first session, a Commission for the settlement of disputes related to confidentiality (hereinafter referred to as "the Commission") as its subsidiary organ in accordance with Article IX, paragraph 22(J). The Commission shall have the powers and functions as set forth in this Protocol.
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