Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023

Power of Commission to share information with Minister

123. The Principal Act is amended by the insertion of the following section after section 13E:

“13EA. (1) The Commission may, where the Minister so requests, provide the Minister with any information that the Minister considers may assist the Minister in the formulation of policy relating to electronic communications networks and services and associated facilities.

(2) Where the Commission intends to provide information to the Minister under this section which was obtained by the Commission from a person who is or, at the time the information was obtained from the person, was—

(a) an undertaking,

(b) a person that provides, or provided, associated facilities, or

(c) such other person referred to in section 13D(1),

the Commission shall notify the person in writing that the Commission intends to share the information with the Minister and afford the person an opportunity to make representations to it on the matter within a period of 7 days beginning on the date on which such notification is given or such further period as may be specified by the Commission.

(3) The Commission may, taking into account any representations made to it under subsection (2), identify information provided to the Minister as being confidential information.

(4) Where the Minister receives information identified by the Commission as confidential information and the Minister is satisfied that such information is confidential information, he or she shall protect the confidentiality of such information.”.