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Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)

Part 2 : Access to Records of Public Bodies

Chapter 4 : Grounds for Refusal of Access to Records

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

 

 

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

 

2) A record may not be refused in terms of subsection (1) insofar as it consists of information—
a) already publicly available; or
b) about the third party concerned that has consented in terms of section 48 or otherwise in writing to its disclosure to the requester concerned.