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The FTC has released a new documentin which it specifies the measures that it will carry out to protect the confidential information from the Activision Blizzard case; one of the most media that have occurred in recent times. In addition, the FTC has been subject to intense public scrutiny due to all the controversies that are unleashing around it, the latest being the massive resignation of the organization’s lawyers, due to disagreements with the President. Given this context, it makes sense that the FTC would want to protect the interests of the parties and the information they provide; especially documents that contain privileged, sensitive or personal information of the parties involved.
In order for this information to be confidential, it will be necessary for the parties involved or third parties to indicate so, also indicating the part or parties that must remain secret. However, confidentiality will not be automatic, but will be the FTC who decides if it falls within the privacy or if, on the contrary, it meets the requirements for it to be known by the public.
This is the treatment that the confidential information of Sony and Microsoft will receive in the process before the FTC:
Once the FTC has determined that the information is confidential, it must evaluate it. However, even if it is private, in any case it will be provided to the following subjects, who will be able to see it: Administrative judge who intervenes in the process and/or his assistants or experts who work with him, any other judge or court personnel who has a legitimate interest in knowing it, external lawyers with justified interests, personnel who are working on the matter and need to know the information and testimonials.
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On the other hand, confidentiality may be truncated to prepare hearings for this process or appeals or any other action, in which case the information will be disclosed in private. That is to say, if Microsoft or Activision Blizzard want to know certain Sony confidential informationthey can only do it through authorized people, in these two cases and behind closed doors, so it is unlikely that we will meet her.
Finally, the FTC points out the obligation to return confidential information, obtained by the opposing parties, at the end of the process. In this way, it is possible that it tries to avoid any leak of information by anyone involved in the process, which could also endanger the objectivity and confidentiality with which the organization operates.