Page:Promotion of Access to Information Act 2000.djvu/35

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(cc)

the security of property contemplated in subparagraph (i)(aa), (bb) or (cc).

Mandatory protection of records privileged from production in legal proceedings

67. The head of a private body must refuse a request for access to a record of the body if the record is privileged from production in legal proceedings unless the person entitled to the privilege has waived the privilege.

Commercial information of private body

68. (1) Subject to subsection (2), the head of a private body may refuse a request for access to a record of the body if the record—

(a)

contains trade secrets of the private body;

(b)

contains financial, commercial, scientific or technical information, other than trade secrets, of the private body, the disclosure of which would be likely to cause harm to the commercial or financial interests of the body;

(c)

contains information, the disclosure of which could reasonably be expected—

(i)

to put the private body at a disadvantage in contractual or other negotiations; or

(ii)

to prejudice the body in commercial competition; or

(d)

is a computer program, as defined in section 1(1) of the Copyright Act, 1978 (Act No. 98 of 1978), owned by the private body, except insofar as it is required to give access to a record to which access is granted in terms of this Act.

(2) A record may not be refused in terms of subsection (1) insofar as it consists of information about the results of any product or environmental testing or other investigation supplied by, carried out by or on behalf of the private body and its disclosure would reveal a serious public safety or environmental risk.

(3) For the purposes of subsection (2), 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 investigation.

Mandatory protection of research information of third party, and protection of research information of private body

69. (1) The head of a private body must refuse a request for access to a record of the body if the record contains information about research being or to be carried out by or on behalf of a third party, the disclosure of which would be likely to expose—

(a)

the third party;

(b)

a person that is or will be carrying out the research on behalf of the third party; or

(c)

the subject matter of the research,

to serious disadvantage.

(2) The head of a private body may refuse a request for access to a record of the body if the record contains information about research being or to be carried out by or on behalf of the private body, the disclosure of which would be likely to expose—

(a)

the private body;

(b)

a person that is or will be carrying out the research on behalf of the private body; or

(c)

the subject matter of the research,

to serious disadvantage.

Mandatory disclosure in public interest

70. Despite any other provision of this Chapter, the head of a private body must grant a request for access to a record of the body contemplated in section 63(1), 64(1), 65, 66(a) or (b), 67, 68(1) or 69(1) or (2) if—

(a)

the disclosure of the record would reveal evidence of—

(i)

a substantial contravention of, or failure to comply with, the law; or

(ii)

imminent and serious public safety or environmental risk; and

(b)

the public interest in the disclosure of the record clearly outweighs the harm contemplated in the provision in question.