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Consumer Protection Act, 2008 (Act No. 68 of 2008)

Chapter 6 : Enforcement of Act

Part B : Powers in support of investigation

106. Claims that information is confidential



1) When submitting information to the Commission, the Tribunal, or an inspector or investigator appointed in terms of this Act, a person may claim that all or part of that information is confidential.


2) Any claim contemplated in subsection (1) must be supported by a written statement explaining why the information is confidential.


3) The Commission, Tribunal, inspector or investigator, as the case may be, must—
a) consider any claim made in terms of subsection (1); and
b) notify the claimant whether or not the information contemplated in subsection (1) will be treated as if it had been determined to be confidential.


4) When making any ruling, decision or order in terms of this Act, the Commission or Tribunal may take into account any information that has been the subject of a claim in terms of subsection (1).


5) If any reasons for a decision in terms of this Act would reveal any information that has been the subject of a claim in terms of subsection (1), the Commission or Tribunal, as the case may be, must provide a copy of the proposed reasons to the party claiming confidentiality at least five business days before publishing those reasons.


6) Within five business days after receiving a notice in terms of subsection (3)(b), or a copy of proposed reasons in terms of subsection (5), a party may apply to a court for an appropriate order to protect the confidentiality of the relevant information.