(3) Subsection (1) shall not apply to the results of product or environment testing carried out by or for a public body, unless the testing was done—
(a) as a service to a person, group of persons or organisation who paid a fee for such service; or
(b) for the purpose of developing methods of testing.
20 Protection of research information
The head of a public body shall not disclose research information to the applicant if such disclosure will result
in the loss by the researcher of the right of first publication of the results of such research or any intellectual property rights.
21 Protection of information relating to conservation of heritage sites
(1) The head of a public body may refuse to disclose information to an applicant if the disclosure will result
in damage to, or interference with the conservation of—
(a) fossil sites, natural sites or sites that have an anthropological or heritage value; or
(b) an endangered, threatened or vulnerable species, subspecies or race of plants, vertebrates or invertebrates; or
(c) any other rare or endangered living species.
22 Protection of information relating to personal safety
[Heading substituted by section 3 of Act 5 of 2003]
(1) …
[Subsection repealed by section 3 of Act 5 of 2003]
(2) The head of a public body may refuse to disclose to an applicant personal information concerning the applicant if such disclosure will result in a threat to the applicant’s or another person’s safety or mental or physical
health.
[Subsection substituted by section 3 of Act 5 of 2003]
23 Information otherwise available to public
(1) The right of access to information in terms of section five shall not be held to be denied where under this
Act or any other law the head of a public body refuses to disclose information—
(a) that is otherwise available to members of the public upon payment of a specific fee; or
(b) that will be published or released to members of the public within sixty days of the date of receiving the
applicant’s request.
(2) If the head of a public body refuses to disclose information on the ground referred to in paragraph (b) of
subsection (1) and the information is not published after the expiry of sixty days from the date of receiving the
request for the information, the applicant may make another request for the information and the head of the public
body shall reconsider it.
24 Protection of information relating to business interests of a third party
(1) The head of a public body may refuse to disclose to an applicant information that will reveal the trade secrets or commercial, financial or employment, scientific or technical information of a third party that was su pplied, implicitly or explicitly, in confidence to the public body, and the disclosure of which could reasonably be
expected to—
(a) significantly harm the competitive position or interfere with the negotiating position of the third party;
or
(b) result in similar information being no longer provided to the public body when it is in the public interest
that such information continues to be so provided; or
(c) result in undue financial loss or gain to any person or organisation; or
(d) reveal information supplied to an arbitrator, mediator, labour officer or other person or body appointed
to resolve or inquire into a labour relations dispute; or
(e) reveal information that will harm the economic interests of the State.
(2) The head of a public body shall not disclose to an applicant information contained in a tax return form or
gathered for the purpose of determining a person’s tax liability or collecting outstanding tax.
(3) Subsections (1) and (2) shall not apply where—
(a) the third party consents to the disclosure; or
(b) the information is contained in a record that is in the custody or control of the National Archives; or
(c) the information is contained in a record that is in the archives of a public body and has been in existence
for thirty or more years.
25 Protection of information relating to personal privacy
(1) The head of a public body shall not disclose personal information to an applicant if the disclosure will result in the unreasonable invasion of a third party’s personal privacy.
(2) In determining whether or not a disclosure of personal informat ion constitutes an unreasonable invasion
of a third party’s personal privacy, the head of a public body shall consider all the relevant circumstances, inclu ding whether—