Page:Promotion of Access to Information Act 2000.djvu/22

22 No. 20852

Act No. 2, 2000 the individual's next of kin; or

making the request with the written consent of the individual's next of kin; or

about an individual who is or was an official of a public body and which relates to the position or functions of the individual, including, but not limited to—

the fact that the individual is or was an official of that public body;

the title, work address, work phone number and other similar particulars of the individual;

the classification, salary scale or remuneration and responsibilities of the position held or services performed by the individual; and

the name of the individual on a record prepared by the individual in the course of employment.

Mandatory protection of certain records: of South African Revenue Service

35. (1) Subject to subsection (2), the information officer of the South African Revenue Service, referred to in section 2(3), must refuse a request for access to a record of that Service if it contains information which was obtained or is held by that Service for the purposes of enforcing legislation concerning the collection of revenue as defined in section 1 of the South African Revenue Service Act, 1997 (Act No. 34 of 1997).

(2) A record may not be refused in terms of subsection (1) insofar as it consists of information about the requester or the person on whose behalf the request is made.

Mandatory protection of commercial information of third party

36. (1) Subject to subsection (2), the information officer of a public body must refuse a request for access to a record of the body if the record contains—

trade secrets of a third party;

financial, commercial, scientific or technical information, other than trade secrets, of a third party, the disclosure of which would be likely to cause harm to the commercial or financial interests of that third party; or

information supplied in confidence by a third party the disclosure of which could reasonably be expected—

to put that third party at a disadvantage in contractual or other negotiations; or

to prejudice that third party in commercial competition.

(2) A record may not be refused in terms of subsection (1) insofar as it consists of information—

already publicly available;

about a third party who has consented in terms of section 48 or otherwise in writing to its disclosure to the requester concerned; or

about the results of any product or environmental testing or other investigation supplied by, carried out by or on behalf of a third party and its disclosure would reveal a serious public safety or environmental risk.

(3) For the purposes of subsection (2)(c), the results of any product or environmental testing or other investigation do not include the results of preliminary testing or other investigation conducted for the purpose of developing methods of testing or other investigation.

Mandatory protection of certain confidential information, and protection of certain other confidential information, of third party

37. (1) Subject to subsection (2), the information officer of a public body—

must refuse a request for access to a record of the body if the disclosure of the record would constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement; or

may refuse a request for access to a record of the body if the record consists of information that was supplied in confidence by a third party—

the disclosure of which could reasonably be expected to prejudice the future supply of similar information, or information from the same source; and

if it is in the public interest that similar information, or information from the same source, should continue to be supplied.