Freedom of the Mass Media and Access to Information Proclamation No ...
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age of 18 years or incapable of understanding the nature of the request, and giving access would be in the individual's
best interests;
e)
about an individual who is deceased and the requester is the individual's next of kin or the requester has secured
the written consent of the individual's next of kin; or
f)
about an individual who is or was an employee of a public body and which relates to the position of functions of
the individual, including;
the position or status of the individual, the title, work address, office phone number and
other similar addreses of the individual, the classification, salary scale, remuneration and responsibilities of the position
held or services performed by the individual and the name of the individual on a record prepared by the individual in the
course of employment.
17. Commercial Information of a third Party
1)
The public relation officer shall refuse a request for information if the requested information contains;
a)
trade secrets of a third party;
b)
financial, commercial, scientific or technical information, other than trade secrets, of a third party, the disclosure of
which would likely to cause harm to the commercial or financial interests of that third party; or
c)
information supplied in confidence by a third party the disclosure of which could reasonably be expected to put
that third party
competition.
2)
a)
b)
at disadvantage in contractual or other negotiations; or to prejudice that third party in commercial
A record may not be refused in terms of sub-article (1) of this Article insofar as it consists of information;
already publicly available;
in relation to which a third party did not object to the disclosure under Article 19 or has consented in writing to its
disclosure to the requester concerned; or
c)
about the results of any product or environmental testing or other investigation supplied by a third party or the
result of any such testing or investigation carried out by or on behalf of a third party and its disclosure reveals a serious
public safety or environmental risk .
3)
The information referred to in sub-article (2)(c) of this Article may not include the results of preliminary testing of
other investigation conducted for the purpose of developing methods of testing or other investigation
18. Protection of Confidential Information of Third Party
1)
The public relation officer shall refuse a request for access to a record of the public body if:
a) the disclosure of the record would constitute an action for breach of a duty of confidentece owed to a third party in
terms of an agreement and would likely result a legal action againinst it; or
b) the record consists of information that was supplied in confidence by a third party and if disclosure would be likely to
prejudice the future supply of similar information from the similar source and where there is a public interest in the
continued supply of such information.
2)
Notwithstanding the provisions of sub article (1)(a) the public relation officer shall disclose the information if the
third party has consented in writing to it’s disclosure to the person who has made the request.
19. Third Party Notification and Intervention
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10/01/2011 4:15 PM