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 Working Paper by Friend of the Chair on Confidentiality: Copfidentiality Provisions (WP.220)

The full text of this Working Paper is provided below; this is from the 8th Session of the Ad Hoc Group of States Parties.  Please note: the page numbers given are those which appear in the original text; these appear at the top of the relevant page.

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AD HOC GROUP OF THE STATES PARTIES
TO THE CONVENTION ON THE PROHIBITION
OF THE DEVELOPMENT, PRODUCTION AND
STOCKPILING OF BACTERIOLOGICAL
(BIOLOGICAL) AND TOXIN WEAPONS AND
ON THEIR DESTRUCTION

BWC/AD HOC GROUP/WP.220
16 September 1997

Original: ENGLISH

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Eighth session
Geneva, 15 September - 3 October 1997

Working paper submitted by the Friend of the Chair
on Confidentiality

ARTICLE IV

CONFIDENTIALITY PROVISIONS

1. [The Organization] shall conduct its activities provided for under this Protocol in the least intrusive manner consistent with the timely and efficient accomplishment of their objectives. It shall request only the information and data necessary to fulfil its responsibilities under this Protocol and shall use this data and information only for the purpose of this Protocol. It shall take every precaution to protect the confidentiality of information on civil and military activities and facilities coming to its knowledge including such information coming to its knowledge in the implementation of this Protocol and, in particular, shall abide by the [confidentiality] provisions set forth in [this Protocol] [the Confidentiality Annex].

2. 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 accordance with the provisions set forth in [this Protocol].

3. Each State Party shall have the right to take measures as it deems necessary to protect confidential information, provided that it fulfils its obligations to demonstrate compliance in accordance with the provisions of [the Protocol].

4. (a) [The Director-General] shall have the primary responsibility for ensuring the protection of confidential information. Based on guidelines provided for within [the Confidentiality Annex], he shall establish and maintain a stringent regime to ensure effective protection against disclosure. This regime shall be approved and periodically reviewed by [the Board].

GE.97-64215

BWC/AD HOC GROUP/WP.220
page 2

(b) The regime referred to in paragraph (a) above shall include, among others, provisions relating to:

(i) general principles for the handling of confidential information and their implementation;

(ii) conditions of staff employment relating to the protection of confidential information;

(iii) measures to protect confidential information in the course of on-site activities;

(iv) procedures in cases of breaches or alleged breaches of confidentiality.

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