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

Part 3 : Access to Records of Private Bodies

Chapter 4 : Grounds for Refusal of Access to Records

63. Mandatory protection of privacy of third party who is natural person

 

 

1) Subject to subsection (2), the head of a private body must refuse a request for access to a record of the body if its disclosure would involve the unreasonable disclosure of personal information about a third party, including a deceased individual.

 

2) A record may not be refused in terms of subsection (1) insofar as it consists of information—
a) about an individual who has consented in terms of section 72 or otherwise in writing to its disclosure to the requester concerned;
b) already publicly available;
c) that was given to the private body by the individual to whom it relates and the individual was informed by or on behalf of the private body, before it is given, that the information belongs to a class of information that would or might be made available to the public;
d) about an individual’s physical or mental health, or well-being, who is under the care of the requester and who is—
i) under the age of 18 years; or
ii) incapable of understanding the nature of the request, and if giving access would be in the individual’s best interests;
e) about an individual who is deceased and the requester is—
ii) making the request with 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 to—
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 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.