The Biological and Toxin Weapons Convention (BTWC) Database
Rolling Text (9th Session) : Article IV
Article IV of the Rolling Text is provided below. This material is from the 9th Session of the Ad Hoc Group of States Parties to the Convention.
Please note: the page numbers given are those which appear in the original text, these appear at the top of the page. The detailed footnotes are provided at the end of the main text.
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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 [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] [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] 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)57 The regime referred to in paragraph 4 (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
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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 investigating or visiting 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.]
[4 bis Data required by States Parties to be assured of the continued compliance with this Convention and this Protocol by other States Parties shall be routinely provided to them. Such data shall encompass:
(a) The initial and annual reports and declarations provided by States Parties under Article III, section D, in accordance with the provisions set forth in the Annex;
(b) General reports on the results and effectiveness of compliance monitoring activities;
(c) Information to be supplied to all States Parties in accordance with the provisions of this Protocol.]
[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
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or by referring it to the Confidentiality Commission to be set up pursuant to paragraph 7 of this Article.]
[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 24 (j). The Commission shall have the powers and functions as set forth in this Protocol.]
Notes
57. It was proposed that this section be moved to Annex E.