Act NO. 2.2000
PRO\ fOTIOX OF ,\ CCESS TO INFORklATION ACT. 2000
(4) The information referred to in subsection (2)(c)(i) includes, without limiting the
generality of that subsection, information about an a&reement, or contemplated
agreement, to transfer any interest in or right to shares in the capital of a public body to
any person which is not a public body referred to in para&raph (a) or (b)(i) of the
definition of “public body..,
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(5) A record may not be refused in terms of subsection (3) insofar as it consists of
information—
(u) already publicly available;
(b) about or owned by a public body, other than the public body to which the
request is made, which has consented in writing to its disclosure to the 10
requester concerned; or
(c) about the results of any product or environmental testing or other investigation
supplied by, carried out by or on behalf of a public body, and its disclosure
would reveal a serious public safety or environmental risk.
(6) For the purposes of subsection (5)(c), the results of any product or environmental 15
testing or other investigation do not include the results of preliminary testing or other
investigation conducted for the purpose of developing methods of testing or other
investigation.
(7) If a request for access to a record contemplated in subsection (5)(c) is granted and
the testing or other investigation was carried out by or on behalf of the public body from 20
which the record is requested, the information officer must at the same time as access to
the record is given, provide the requester with a written explanation of the methods used
in conducting the testing or other investigation.
Mandatory protection of research information of third party, and protection of
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research information of public body
43. (1) The information officer of a public body must refuse a request for access to a
record of the body if the record contains information about research being or to be
carried out by or on behalf of a third party, the disclosure of which would be likely to
expose—
(a) the third party;
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(b) a person that is or will be carrying out the research on behalf of the third party;
(c) %e subject matter of the research,
to serious disadvantage.
(2) The information officer of a public body may refuse a request for access to a record 35
of the body if the record contains information about research being or to be carried out
by or on behalf of a public body, the disclosure of which would be likely to expose—
(a) the public body;
(b) a person that is or will be carrying out the research on behalf of the public
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body; or
(c) the subject matter of the research,
to serious disadvantage.
Operations of public bodies
44. (1) Subject to subsections (3) and (4), the information officer of a public body may
refuse a request for access to a record of the body—
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(a) if the record contains—
(i) an opinion, advice, report or recommendation obtained or prepared; or
(ii) an account of a consultation, discussion or deliberation that has occurred,
including, but not limited to, minutes of a meeting,
for the purpose of assisting to formulate a policy or take a decision in the 50
exercise of a power or performance of a duty conferred or imposed by law; or
( b ) if—
(i) the disclosure of the record could reasonably be expected to frustrate the
deliberative process in a public body or between public bodies by
inhibiting the candid—
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(aa) communication of an opinion, advice, report or recommendation; or
(bb) conduct of a consultation, discussion or deliberation; or