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Q 59. What makes the external communication of information
“sufficient”?
All communications, including formal reporting, should be accurate and
honest. If the information being communicated relates to a specific impact on
stakeholders, it should convey all the facts necessary for those affected to make
informed decisions regarding their own interests.
Communications that are obviously an exercise in obfuscation or self-promotion
will not reap the benefits of transparency, and risk leading to criticism and distrust
of the enterprise. Conversely, enterprises that have pushed the boundaries of
transparency to discuss the human rights challenges they face and the kind of
human rights impact they are trying to address are generally seen as more credible
in their claims of respecting human rights. This in no way precludes the possibility
of refuting claims or allegations of human rights impact that the enterprise has
clear grounds to reject—wherever possible explaining those grounds.
Q 60. What is meant by the risks communications may pose
to affected stakeholders, personnel or the legitimate
requirements of commercial confidentiality?
Some kinds of information about how human rights impact is being addressed
could pose risks to affected stakeholders or personnel. This may be because
they would reveal, by implication, the identity either of a complainant or of
individuals responsible for actions that are judged harmful, making them the
potential targets of retaliation. Publicizing information about discussions with
a Government, police or security forces aimed at halting or preventing harmful
action against individuals might jeopardize that process. However, care should
be taken that blanket assumptions about such risks do not become an easy
justification to avoid sharing information that can legitimately be made public.
The legitimate requirements of commercial confidentiality would typically
extend to information crucial to negotiations regarding a significant business
transaction, for the duration of those negotiations. They would also include
information legally protected against disclosure to third parties.
If there are no risks to these groups or requirements, other considerations on
whether, when and how to communicate will be the subject of decisions based
on the kinds of factors previously discussed.
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