(5) Where a request is made to a public authority for access
to a document that contains information of a medical or psychiatric
nature concerning the person making the request and it appears to
the public authority that the disclosure of the information to that
person might be prejudicial to the physical or mental health or wellbeing of that person, the public authority may direct that the
document containing that information, that would otherwise be
given to that person is not to be given to him or her but is to be
given instead to a medical practitioner to be nominated by that
person.
Documents relating
to trade secrets,
business affairs, etc.
32.
(1) A document is an exempt document if its disclosure
under this Act would disclose information acquired by a public
authority from a business, commercial or financial undertaking,
and (a)
the information relates to trade secrets or
other matters of a business, commercial or
financial nature; or
(b)
the disclosure of the information under this
Act would be likely to expose the undertaking
to disadvantage.
(2) In deciding whether disclosure of information would
expose an undertaking to disadvantage, for the purposes of
paragraph (b) of subsection (1), a public authority may take account
(a)
whether information is generally available to
competitors of the undertaking;
(b)
whether the information would be exempt
information if it were generated by a public
authority;
(c)
whether the information could be disclosed
without causing substantial harm to the
competitive position of the undertaking;
(d)
whether there are any considerations in the
public interest in favour of disclosure which
outweigh considerations of competitive
disadvantage to the undertaking, for instance,
the public interest in evaluating aspects of
regulation by a public authority of corporate
practices or environmental controls; and
27