Re: Confidentiality obligations (Re: Legal review 4: Minor editorial)

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--On Monday, 24 January, 2005 08:23 +0100 Harald Tveit
Alvestrand <harald@xxxxxxxxxxxxx> wrote:

>>> 7 (Transparency):  While I understand the desire for
>>> transparency, there may be some contracts that contain items
>>> that are justifiably
>>> treated as confidential (such as individual performance
>>> rewards,
>>> terms of settlement of litigation).  To address this point, I
>>> might add the following words at the end of the penultimate
>>> sentence:
>>> ", subject to any reasonable confidentiality obligations
>>> approved
>>> by the IAD."
>> 
>> Harald, given the general commitment in the community and
>> document to transparancy whenever possible, I wonder whether
>> the IAD should be empowered to do this or should, e.g., be
>> required to report the terms and nature of what
>> confidentiality obligations are being assumed to the IAOC so
>> that they can review it as appropriate.  Note that I'm not
>> proposing disclosing the confidential information to them,
>> but it seems to me to be reasonable to tell them the nature
>> of what is being kept secret and why.
> 
> hm. I could certainly argue that the IAOC should approve at
> least the criteria that the IAD uses to determine that some
> confidentiality is "OK", and could also argue that the IAOC,
> being IASA oversight, ought to be able to look at all the
> "confidential" parts of things if it needed to.
> 
> We could move the approval up to the IAOC with no loss in
> confidentiality, and with some gain in
> transparency/accountability, I think.

That would certainly be consistent with what I was suggesting.

    john


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