The principle of confidentiality in relation to information received from project participants is set out in 3/CMP.1, Annex, paragraph 6:
Information obtained from CDM project participants marked as proprietary or confidential shall not be disclosed without the written consent of the provider of the information, except as required by national law. Information used to determine additionality as defined in paragraph 43 below, to describe the baseline methodology and its application, and to support an environmental impact assessment referred to in paragraph 37 (c) below, shall not be considered as proprietary or confidential (3/CMP.1, Annex, paragraph 6).
Where a project design document contains confidential information relating to a project activity, project participants should submit documentation in the following formats:
- One marked up version where all confidential/proprietary parts shall be made illegible by the project participants (e.g. by covering those parts with black ink) so that this can be made publicly available;
- A second version containing all information which shall be treated as strictly confidential by all handling this documentation (DOEs/AEs, Board members and alternates, panel/committee and working group members, external experts requested to consider such documents in support of work for the Board, and the secretariat) (CDM Glossary of Terms version 03).
Furthermore, the rules of procedure for the Executive Board provide that Board members must not disclose confidential information:
Members, including alternate members of the Executive Board shall, subject to their responsibilities to the Executive Board, not disclose any confidential or proprietary information coming to their knowledge by reason of their duties for the Executive Board. The duty of the member, including alternate member, not to disclose confidential information constitutes an obligation in respect of that member, and alternate member, and shall remain an obligation after the expiration or termination of that member's function for the Executive Board (4/CMP.1, Annex I, Rule 11(1); 3/CMP.1, Annex, paragraph 8(g)).
Unauthorised disclosure of confidential information is grounds for termination of an Executive Board member's appointment:
The Executive Board may suspend and recommend to the COP/MOP the termination of the membership of a particular member, including an alternate member, for cause including, inter alia, ... breach of the confidentiality provisions... (3/CMP.1, Annex, paragraph 10).