Section 4 applies to information provided to the Secretary of State under Sections 2 or 3 of the Act. Section 4 subsection (2) provides that the Secretary of State may give information to the Clearing-House Mechanism established under the BBNJ Agreement.
	Section 4 subsection (3) provides that the Secretary of State may not give information to the Clearing House Mechanism where (a) that information is protected information within the meaning given by section 1(2) of National Security Act 2023 or (b) in the opinion of the Secretary of State, Article 51(6) of the Agreement does not require such information to be shared. Article 51(6) of the Agreement provides that "The confidentiality of information provided under this Agreement and rights thereto shall be respected. Nothing under this Agreement shall be interpreted as requiring the sharing of information that is protected from disclosure under the domestic law of a Party or other applicable law". By placing the decision on the Secretary of State as to whether information is (a) protected information under the National Security Act 2023 or (b) not required to be shared by virtue of Article 51(6), the UK can satisfy itself that its obligations to provide information under Part II of the Agreement are not undermined by an overly broad interpretation of what is protected from disclosure.
Part 2 – Marine Genetic Resources Section 4: Onward disclosure