34
No,
20s52
Act N(). 2,2000”
GOVERNNIENT G.4ZETTE. 3 FEBRUARY 2000
PRO\lOTION OF .+ CCESS TO lNFORklATION ACT. 20(M
(i) the individuals next of kin; or
(ii) making the request \vith the written consent of the individual’s next of
kin; or
(f) 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 5
te
(i) the fact that the individual is or was an official of that private 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 commercial information of third party
64. (1) Subject to subsection (2), the head of a private body must refuse a request for 15
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
20
(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.
25
(2) A record may not be refused in terms of subsection (1) insofar as it consists of
information about—
(a) a third party who has consented in terms of section 72 or otherwise in writing
to its disclosure to the requester concerned;
(b) the results of any product or environmental testing or other investigation 30
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 35
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
40
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 refus~ 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;
45
or
(b) may refuse a request for access to a record of the body if its disclosure would
be likely to prejudice or impair—
(i) the security of— (au) a building, structure or system, including, but not limited to, a
computer or communication system;
50
(bb) a means of transport; or
(a)
(cc) any other property; or
(ii) methods, systems, plans or procedures for the protection of—
(au) an individual in accordance with a witness protection scheme;
(bb) the safety of the public, or any part of the public; or
55