| (1) | When submitting information to the Commission, 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. |
| (a) | consider a claim made in terms of subsection (1); and |
| (b) | as soon as practicable make a decision on the confidentiality of the information and access to that information and provide written reasons for that decision. |
| (4) | A person who has made a claim contemplated in subsection (1) in respect of which the Commission has made a decision in terms of subsection (3), may apply to court for a review of that decision within— |
| (a) | 60 court days of becoming aware of the decision; or |
| (b) | such longer period as a court may allow on good cause shown. |
| (5) | When making any finding in respect of an investigation, the Commission may take confidential information into account. |
| (6) | If any finding would reveal any confidential information, the Commission must provide a copy of the proposed finding to the party claiming confidentiality at least 30 court days before publishing those reasons. |
| (7) | Within 14 court days after receiving a copy of the proposed finding in terms of subsection (6), a party may apply to a court for an appropriate order to protect the confidentiality of the relevant information. |
[Section 13L inserted by section 8 of Act No. 46 of 2013]
