Act No. 2, 2000
PRO\lOTION OF ACCESS TO INFORMATION ,4 CT. 2000
(i) the individual’s next of kin: or
(ii) making the request \iith the written consent of the individual’s next of
kin; or
v) 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 5
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(i) the fact that the individual is or was an official of that public body;
(ii) the title, work address, work phone number and other similar particulars
of the individual;
(iii) the classification, salary scale or remuneration and responsibilities of the 10
position held or services performed by the individual; and
(iv) 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 15
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 20
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—
(a) trade secrets of a third party;
(b) 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
(c) information supplied in confidence by a third party the disclosure of which
could reasonably be expected—
(i) to put that third party at a disadvantage in contractual or other
negotiations; or
(ii) 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
inforrnation—
(u) already publicly available;
(b) about a third party who has consented in terms of section 48 or otherwise in
writing to its disclosure to the requester concerned; or
(c) about the results of any product or environmental testing or other investigation
supplied by, earned 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.
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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—
(a) 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 50
a third party in terms of an agreement; or
(b) 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—
(i) the disclosure of which could reasonably be expected to prejudice the
future supply of similar information, or information from the same 55
source; and
(ii) if it is in the public interest that similar information, or information from
the same source, should continue to be supplied.