|
Confidentiality
"Contracting Governments shall, at all times:
1. recognize and respect the commercial confidentiality and sensitivity of any long-range identification and tracking information they may receive;
2. protect the information they receive from unauthorized access or disclosure and
3. Use the information they may receive in a manner consistent with international law."
Article 9 -Draft Amendments to SOLAS Chapter V
Legal Protection of Confidentiality
・Two ways:
・Formal legal statement of principles
- Satisfied by draft Chapter V amendment
・Development and implementation of legal arrangements at national level
- protocols and penalties
・Need for some international benchmark
- Confidence building
- Consistency
- Transparency
Conclusion
・Legal issues requiring further consideration
- Legal relationship between flag States and Tracking Administration
- Need to distinguish between receipt of LRIT information and subsequent enforcement action that may be taken
- Further elaboration of legal protection of LRIT information at national level
|
