| (1) |
No person shall disclose any information acquired by him or her through the exercise of his or her powers or the performance of his or her duties in terms of this Act, except— |
| (a) |
in so far as it is necessary for the proper application of the provisions of this Act; |
| (b) |
the purposes of any legal proceedings under this Act; |
| (c) |
when ordered to do so by any competent court; or |
| (d) |
if he or she is authorised to do so by the Minister. |
| (2) |
The Council shall decide, after consultation with the applicant, which information will be kept confidential and shall inform the applicant of its decision: Provided that the following information shall not be kept confidential— |
[Section 18(2)(a) substituted by section 12 of Act No. 23 of 2006]
| (b) |
the methods and plans for the monitoring of the genetically modified organisms and for emergency measures in the case of an accident; and |
| (c) |
the summary of the scientifically based risk assessment of the impact on the environment and human and animal health. |
[Section 18(2)(c) substituted by section 12 of Act No. 23 of 2006]
| (3) |
Notwithstanding the provisions of subsection (2), the Council may after consultation with the applicant and if the Council is satisfied on the grounds of information furnished by the applicant that certain information should be withheld in order to protect the intellectual property of the applicant, withhold such information for the period needed to protect such rights. |
| (4) |
If, for whatever reasons, the applicant withdraws an application, any party who has knowledge of the details of the application must respect the confidentiality of the information supplied. |
Protection of Businesses Act, 1978
