Jun 1, 2012

Growth of Global Chemical Information Requirements Raises Alarm about Proprietary Information Protection

Karon Armstrong...international regulatory affairs manager at the 3M Co. and Chair of the American Coatings Association’s (ACA) International Affairs Committee, has noted the movement among Asian and Pacific countries to compel chemical manufacturers to “tell us everything.” ... list of questions that included: What do you make? Where do you make it? How much do you make? Where do you sell it? Who do you sell it to? and What do they use it for? She underscored that the answers to each of these questions raise potential confidential business information issues.

China, Japan, Taiwan, and South Korea have all either amended their existing chemical regulations or are developing new regulatory programs, and Indonesia, Malaysia, the Philippines, and Vietnam also are expected to develop their own regulatory systems over the next few years.

The uncertainty expressed by chemical manufacturers and their trade associations participating in the panel revealed that the disclosure information to non-U.S. governments leaves them unclear about the extent to which critical confidential business information (CBI) will be protected, which raises concern that proprietary information will be disclosed and used by competitors.

China, Korea, and Japan have public websites that can be searched to identify the chemicals listed in their national inventories, and Taiwan is expected to publish its chemical inventory later this year, according to those quoted in the [I]BNA International Environmental Reporter[/I] article.

In the United States, the U.S. Freedom of Information Act exempts confidential business information from disclosure by federal agencies.

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