Act 6
Access to Information Act
2005
(2) A record may not be refused under subsection (1) if the record came into existence
more than ten years before the request concerned.
34. Mandatory disclosure in public interest.
Notwithstanding any other provision in this Part, an information officer shall grant a request
for access to a record of the public body otherwise prohibited under this Part if (a) the disclosure of the record would reveal evidence of (i) a substantial contravention of, or failure to comply with the law; or
(ii) an imminent or serious public safety, public health or environmental risk;
and
(b) the public interest in the disclosure of the record is greater than the harm
contemplated in the provision in question.
PART IV - THIRD PARTY INTERVENTION.
35. Notice to third parties.
(1) Where an information officer intends to disclose any record requested for, that
contains or that might contain (a) trade secrets of a third party;
(b) financial, commercial, scientific, or technical information that is confidential
information supplied to the public body by the third party;
(c) information the disclosure of which could result in material financial loss or gain,
prejudice the competitive position of the third party or interfere with contractual
or other negotiations of the third party,
the information officer shall, if the third party can be located, within twenty one days
after the request is received, give written notice to the third party of the request and
the intention to disclose the record.
(2) The third party to whom a notice is required to be given under subsection (2) may
waive the requirement and where the third party consents to the disclosure, the third party
shall be deemed to have waived the requirement.
(3) A notice given under subsection (1) shall include (a) the intention of the information officer to release the record;
(b) a description of the content of the record, that it belongs to and was supplied by or
relates to the third party; and
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