Page:Promotion of Access to Information Act 2000.djvu/34

34 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 private 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 private 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 commercial information of third party

64. (1) Subject to subsection (2), the head of a private 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 about—

a third party who has consented in terms of section 72 or otherwise in writing to its disclosure to the requester concerned;

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)(b), 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 of third party

65. The head of a private body must refuse a request for access to a record of the body if its disclosure would constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement.

Mandatory protection of safety of individuals, and protection of property

66. The head of a private body—

must refuse a request for access to a record of the body if its disclosure could reasonably be expected to endanger the life or physical safety of an individual;

may refuse a request for access to a record of the body if its disclosure would be likely to prejudice or impair—

the security of—

a building, structure or system, including, but not limited to, a computer or communication system;

a means of transport; or

any other property; or

methods, systems, plans or procedures for the protection of—

an individual in accordance with a witness protection scheme;

the safety of the public, or any part of the public; or