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Working Paper by the Friend of the Chair on Confidentiality 
Confidentiality Provisions (WP.220/Rev.1)

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.  

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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/Rev.1
19 September 1997

Original: ENGLISH

________________________________________________________________________________

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] 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] [and, in particular, shall abide by the provisions on confidentiality 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] [it fulfils its obligations in accordance with the provisions of the Protocol].

4. (a) [The Director-General] shall have the primary responsibility for ensuring the protection of [all] confidential information [which comes into possession of [the organization] from any source]. Based on guidelines provided for within [the Confidentiality Annex], the Director-General shall establish and maintain a stringent regime [governing the handling of confidential information by [the Technical

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BWC/AD HOC GROUP/WP.220/Rev.1
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Secretariat] as well as the necessary procedures to be followed in case of breaches or alleged breaches of confidentiality] to ensure effective protection against [unauthorized] disclosure. This regime shall be approved and periodically reviewed by [the ...].

[(b)1 The regime referred to in paragraph (a) above shall include, among others, provisions relating to:

(i) the implementation of general principles for the handling of confidential information, including the establishment of appropriate classification levels on the basis of the sensitive nature of the information;

(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] [to ensure the protection of confidential information made available to investigation of visit teams while they are on the territory of the investigated or visited State Party];

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

(v) appropriate procedures to protect the confidentiality of data declarations.]

[5. 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 assistants 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.]

[6. 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 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.]

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[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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1 It was proposed that this section be moved to Annex E.

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