Biosafety Act 2007 · Updated to 1 May 2019 · Part VII · Miscellaneous
59. Confidential business information
Official textFrom Laws of Malaysia Online, unchanged
Any person making an application under section 13 or submitting a notification under subsection 22(1) may apply to the
Director General for confidentiality of any commercial and industrial information relating to the application or notification, as the case may be.
Director General
“Director General” means the Director General appointed under subsection 8(1);
The Director General may grant confidentiality based on the criteria in subsection (3) and where confidentiality is granted such information shall not be made public.
The Director General shall consider the claim for confidentiality according to the following criteria:
that the information is not known generally among, or readily accessible to, any person within the circle that normally deals with the kind of information sought to be made confidential;
that the information has commercial value because it is secret; and
that reasonable steps have been taken to keep the information secret.
Except for the purposes of this Act or for the purposes of any civil or criminal proceedings under any written law or where otherwise authorized by the Director General, as the case may be—
no member of the Board or Advisory Committee, or any of its committees or subcommittees, as the case may be;
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no person attending any meeting of the Board or
Advisory Committee, or any of its committees or subcommittees, as the case may be; or
the Director General and any officer appointed under subsection 8(1), whether during his tenure of office or during his employment or thereafter, shall disclose any information obtained by him in the course of his duties for which confidentially has been granted under subsection (3).
Any person who contravenes subsection (4) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one month or to both.
Terms defined in s 3
Advisory Committee
Defined · s 3“Advisory Committee” means the Genetic Modification Advisory Committee established under section 6;
Board
Defined · s 3“Board” means the National Biosafety Board established under subsection 4(1);
Director General
Defined · s 3“Director General” means the Director General appointed under subsection 8(1);