Singapore legislation
Regulation 28
Regulation 28
Requests for confidential treatment
Subregulation 1
A request for the confidential treatment of a document, or part of a document, or information filed or submitted in connection with any appeal proceedings before the Minister must —
be made in writing by the person who filed or submitted the document or information, when filing or submitting the document or information;
where the request relates to part of a document, state the relevant words, figures or passages for which confidentiality is claimed; and
contain the reasons for the request for withholding the document or information from any party to the appeals proceedings and, where the request relates to part of a document, the reasons specific to each such part.
Subregulation 2
The person making the request must also file with the Minister, if the person considers it possible to summarise or redact the material in the document, or part of the document, or information, a non‑confidential version of the document, part of the document or information (as the case may be) in a form that can be given to any party to the appeal proceedings.
Subregulation 3
A request for confidential treatment must not be considered if the request does not comply with paragraph (1), unless the Minister considers that the circumstances are exceptional.
Subregulation 4
The Minister may grant the confidential treatment requested on such terms and conditions as the Minister thinks fit (including changes to the summary or redacting of material in any non‑confidential version under paragraph (2)), if the Minister is satisfied that the document, or part of the document, or information contains or is, in the Minister’s opinion ––
information the disclosure of which would be contrary to the public interest;
commercial information the disclosure of which may significantly harm the legitimate business interests of the undertaking to which it relates; or
information relating to the private affairs of an individual the disclosure of which would or may significantly harm the interests of that individual.
Subregulation 5
In the event of a dispute as to whether the confidential treatment should be granted, the Minister must decide the matter after considering oral or written submissions from the parties to the appeal proceedings, taking into account the matters referred to in paragraph (4).
Subregulation 6
If the Minister grants the confidential treatment, the person making the request for the confidential treatment must, no later than 5 days after the Minister’s decision —
in the case where the grant is subject to changes to the summary or redacting of material in any non‑confidential version filed under paragraph (2) —
make the necessary changes or redactions;
file the revised non‑confidential version with the Minister; and
send the revised non‑confidential version to the other party or parties to the appeals proceedings, as the case may be; and
in any other case, send to the other party or parties the non‑confidential version filed under paragraph (2) (if any), and notifying the other party or parties that the document, or part of the document, or information has been summarised or redacted.
Subregulation 7
The Minister must not, for the purposes of considering the appeal and making a determination for resolving it, rely on any document, or part of a document, or information to which confidential treatment is granted, but may rely on the non‑confidential version filed (if any) under paragraph (2) or (6)(a), as the case may be.