Flagging dossier or other information as confidential
If you do not want us to publish the name of your chemical or details of its use, you must apply for that information to be treated as confidential business information when you first give it to us. You can also flag any other information as confidential (commercially sensitive) at the time you give it to us.
How does flagging information work for importers and manufacturers?
We will treat any information you flag as protected, i.e. non-publishable. If we later decide there is public interest in its publication (e.g. if we conclude that those details are necessary to inform the public about risks associated with that chemical), we will notify you (or another person you nominate). You/they will have the opportunity to make a CBI application before we publish information you have flagged as confidential.
Examples of where you can flag information you give us
- Assessment certificate applications
- Applications to vary an assessment certificate
- Applications for a commercial evaluation authorisation
- Applications to vary a commercial evaluation authorisation
- Applications to vary an Inventory listing
- Pre-introduction reports
- Telling us new information about an introduction (e.g. specific information requirement)
These are just examples, you can flag information any time you provide us with information.
When you need to flag information
You must flag information at the time you give it to us (eg at the time you submit an application or report). For example, you can flag information as confidential in the chemical dossier section of an assessment certificate application.
What you can't flag as confidential
- Physical and chemical data that do not reveal the chemical’s composition
- Summaries of data relating to risks to human health or the environment
- Chemical name and/or end use where you should have applied for an AACN and/or generalised end use.
When we need information for an evaluation or compliance audit
If we decide to reassess (evaluate) a chemical or do a compliance audit, we can request information from you. When you give us the information, you can flag it as confidential. Later, if we decide we need to publish the information, for example as part of our evaluation statement, we can't do this without giving you the opportunity to submit a CBI application.
Section 113 notices and applying for CBI protection of flagged information
If you provide information about your end use in circumstances other than the applications or reports listed above, you can flag your specific end use as confidential. There’s no fee to flag information as confidential.
For example, you can flag information if you provide end use information to us in response to a 'call for information' as part of one of our evaluations or a compliance audit.
If you flagged end use information as confidential and we decide to publish what you have provided (for example after we complete an evaluation of a chemical), we will let you know of our intent to publish by sending you a 'section 113 notice'. When you receive our notice, you will then have the opportunity to apply for protection of end use as CBI.
If you've flagged information and we've sent you a notice advising we'd like to publish that flagged information, you can submit a CBI application.
After we receive your application we'll review it and apply a statutory test. If we grant you protection of your CBI, the information won't be published at all.