Freedom of Information
5
10
15
20
25
30
35
[No. of 2002 13
(c) would or could reasonably be expected to cause substantial
harm to the legitimate interests of Zambia in crime
prevention and any preliminary investigation of crime or
other unlawful acts; and
(d) would or could reasonably be expected to cause substantial
harm to the legitimate interests of Zambia in the protection
of the deliberative process of a public authority insofar as
it involves the expressing of an opinion, advice or
recommendation by a public authority, an employee thereof,
or any person acting for or on behalf of the public authority
but not in respect of factual, statistical, scientific, or
technical information.
15. Where a public authority reasonably determines that a request
for access to information involves the confidential commercial interests
of a third party, the authority shall forthwith notify the third party in
writing of the specifics of the request and that the disclosure of the
information is imminent unless the third party, within fifteen days of
receipt of the notice, responds in writing that it considers the information
to be confidential and gives reasons as to why harm would result from
disclosure; and upon receipt of such response the authority shall claim
an exemption.
Exemption
for
confidential
commercial
information
16. (1) A public authority shall disclose the information requested
notwithstanding that it has claimed an exemption under section thirteen,
fourteen and fifteen where to do so would be justified in the public
interest having regard to both any benefit and harm that may accrue
from doing so.
(2) In determining whether disclosure is justified in the public
interest, the public authority shall have regard to considerations such
as obligations to comply with legal requirements, the prevention of the
commission of offences or other unlawful acts, miscarriage of justice,
abuse of authority or neglect in the performance of an official duty,
unauthorised use of public funds, the avoidance of wasteful expenditure
of public funds or danger to the health or safety of an individual or the
public, or the need to prepare and protect the environment, and the
need to improve public participation in, and understanding of, public
policy making.
Public
interest
N.A.B 14, 2002