(v)

the amendment requested by the
applicant.

(4) Where a public authority is not satisfied with the reasons
for an application under subsection (1), it may refuse to make any
correction to the information and inform the applicant, in writing, of
its refusal together with its reasons for so doing as soon as
practicable, but in any case not later than 21 days after the day on
which the application is made.
Protection against
actions for
defamation or
breach of
confidence

40.
(1) Where access to a document has been given in good faith
or in accordance with the requirements of this Act, in the belief that
it was required to be given in accordance with this Act, unless
malice is proved (a)

no action for defamation, breach of
confidence or infringement of copyright may
be brought against the public authority or
against the responsible Minister, or an officer
or employee of the public authority as a result
of the giving of access;

(b)

no action for defamation or breach of
confidence may be brought, in respect of any
publication involved in the giving of access
by the public authority, against (i)

any person who was the author of the
document, or

(ii)

any person as a result of that person
having supplied the document or the
information contained in it to the
public authority.

(2) The giving of access to a document, including an exempt
document, in consequence of a request shall not be taken for the
purposes of the law relating to defamation, breach of confidence or
copyright, to constitute an authorization or approval of the
publication of the document or its contents by the person to whom
access is given.
(3) Nothing in this Act affects any privilege, whether
qualified or absolute, which may attach at common law to the
publishing of a statement.

32

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