(f)
Documents subject
to legal professional
privilege
a report on a law enforcement investigation,
where the substance of the report has been
disclosed to the person who, or the body
which, was the subject of the investigation, if
it is in the public interest that access to the
document should be granted under this Act.
30.
(1) A document is an exempt document if it is of such a
nature that it would be privileged from production in legal
proceedings on the ground of legal professional privilege.
(2) A document of the kind referred to in section 22(1) is not
an exempt document by virtue of subsection (1) by reason only of
the inclusion in the document of matter that is used or to be used for
the purpose of the making of decisions or recommendations referred
to in section 22(1).
Documents affecting
personal privacy
31.
(1) A document is an exempt document if its disclosure
under this Act would involve the unreasonable disclosure of
personal information of any individual, including a deceased
individual.
(2) Subject to subsections (4) and (5), the provisions of
subsection (1) do not have effect in relation to a request by a person
for access to a document by reason only of the inclusion in the
document of matter relating to that person.
(3) Where a request by a person other than a person referred
to in subsection (2) is made to a public authority for access to a
document containing personal information of any individual,
including a deceased individual, and the public authority decides to
grant access to the document, the public authority shall, if
practicable, notify the individual who is the subject of that
information, or in the case of a deceased individual, that individual’s
next-of-kin, of the decision and of the right to apply to the High
Court for judicial review of the
decision.
(4) Nothing in this Act shall be taken to require a public
authority to give information as to the existence or non-existence of
a document of a kind referred to in subsection (1) where information
as to the existence or non-existence of that document, if included in
a document of a public authority, would cause the last-mentioned
document to be an exempt document by virtue of this section.
26