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

2005-01-24 00:35:31


--On lørdag, januar 22, 2005 13:26:18 -0500 John C Klensin <john-ietf(_at_)jck(_dot_)com> wrote:



--On Friday, 21 January, 2005 15:45 +0100 Harald Tveit
Alvestrand <harald(_at_)alvestrand(_dot_)no> 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.

                    Harald


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