Public Service Commission Act, 1997
R 385
Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)Part 2 : Access to Records of Public BodiesChapter 4 : Grounds for Refusal of Access to Records37. 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. |
