Source · Select Committees · Human Rights (Joint Committee)
Recommendation 5
5
The definition of “sensitive information” in clause 16(1) of the bill should be amended, either...
Conclusion
The definition of “sensitive information” in clause 16(1) of the bill should be amended, either by (1) removing the possibility that a mere “risk” of damage makes information “sensitive information”, thereby bringing the definition into line with the definition used in Closed Material Procedures; or by (2) adding that any risk must pose a “real” risk, thereby bringing the definition into line with the approach taken in Public Interest Immunity cases. (Recommendation, Paragraph 45)