63Dissemination and publication of certain information etc.

#### 63 Dissemination and publication of certain information etc. (1) Where: (a) the Commission proposes to disseminate or publish any information furnished, or contained in a document produced, pursuant to section 62; and (b) the dissemination or publication of the information would, or could reasonably be expected to: (i) enable the identification of a particular person; (ii) disclose a trade secret; or (iii) adversely affect a person in respect of the lawful business, commercial or financial affairs of the person; the Commission shall, if it is practicable to do so, before disseminating or publishing the information, cause to be served on: (c) the person who furnished the information or produced the document; and (d) any other person who: (i) if the information is of a personal, domestic or business nature—would be, or could reasonably be expected to be, identified by the dissemination or publication of the information; (ii) if the dissemination or publication of the information would, or could reasonably be expected to, disclose a trade secret—would be, or could reasonably be expected to be, adversely affected by the disclosure of the trade secret; or (iii) would be, or could reasonably be expected to be, adversely affected by the dissemination or publication of the information in respect of the lawful business, commercial or financial affairs of the person; a notice in writing: (e) inviting the person to give to the Commission, by such day as is specified in the notice, being a day not earlier than 14 days after the service of the notice, a notice objecting to the dissemination or publication of the whole or any part of the information; and (f) informing the person that, if the person does not make an objection in accordance with the invitation, the person will be taken to have consented to the dissemination or publication of the information. (2) There shall be set out in the notice of objection the reasons for making the objection. (3) A person is not entitled to make an objection to the dissemination or publication of information except on the ground that to do so would be contrary to the public interest. (4) Where a person makes an objection to the Commission in accordance with such an invitation, the Commission shall consider the objection, and may either disallow it, or allow it in whole or in part, and shall serve on the person written notice of the decision on the objection. (5) A notice of a decision on an objection shall set out the reasons for the decision. (6) The Commission shall not disseminate or publish any information if there is in force an objection made under this section in relation to the dissemination or publication of the information but, where such an objection is in force, nothing in this section shall be taken to preclude a further invitation under subsection (1) being made in relation to the information. (7) Applications may be made to the Administrative Appeals Tribunal for review of a decision of the Commission under subsection (4). (8) Where the Commission makes a decision under subsection (4), the notice of the decision shall include a statement to the effect that a person affected by the decision may, subject to the Administrative Appeals Tribunal Act 1975, if the person is dissatisfied with the decision, make application to the Administrative Appeals Tribunal for review of the decision. (9) Any failure to comply with the requirements of subsection (8) in relation to a decision does not affect the validity of the decision.