(a) the disclosure is desirable or necessary for the purpose of subjecting the activities of the government or a
public body to public scrutiny;
(b) the disclosure is likely to promote public health and safety or the protection of the environment;
(c) the personal information is relevant to a fair determination of the applicant’s rights;
(d) the disclosure will assist in researching or validating the claims, disputes or grievances of indigenous
people;
(e) the third party will be exposed unfairly to financial or other harm;
(f) subject to subsection (5), the personal information has been supplied in confidence by the third party
about himself or herself, or by the third party about another person;
[Paragraph substituted by section 4 of Act 5 of 2003]
(g) the personal information is likely to be inaccurate or unreliable;
(h) the disclosure may unfairly damage the reputation of any person referred to in the record requested by
the applicant.
(3) A disclosure of personal information shall be presumed to be an unreasonable invasion of a third party’s
personal privacy if the personal information—
(a) relates to a medical, psychiatric or psychological history, diagnosis, condition, treatment or evaluation;
or
(b) was compiled and is identifiable as part of an investigation into a possible violation of law, unless disclosure is necessary to prosecute such violation or to continue the investigation; or
(c) relates to eligibility for income assistance or social welfare benefits or to the determination of benefit
levels; or
(d) relates to employment, occupational or educational history; or
(e) is contained in a tax return or gathered for the purpose of collecting a tax; or
(f) describes the third party’s finances, income, assets, liabilities, net worth, bank balances, financial history
or activities, or creditworthiness; or
(g) consists of personal recommendations or evaluations, character references or personnel evaluations concerning the third party; or
(h) could reasonably be expected to reveal that the third party supplied, in confidence, a personal recommendation or evaluation, character reference or personnel evaluation; or
(i) indicates the third party’s religious or political beliefs or associations; or
[Paragraph amended by section 4 of Act 5 of 2003]
(j) consists of the third party’s name, address, or telephone number and is to be used for mailing lists or
solicitations by telephone or other means; or
(k) constitutes intrusion into personal or family grief.
(4) A disclosure of personal information shall not be considered an unreasonable invasion of a third party’s
personal privacy if—
(a) the third party has, in writing, consented to or requested the disclosure; or
(b) there are compelling circumstances affecting another person’s health or safety and notice of disclosure is
mailed to the last known address of the third party; or
(c) disclosure is authorised by any enactment other than this Act; or
(d) the disclosure is for purposes of research or the compilation of statistics in a manner authorised by law;
or
(e) the information concerns the third party’s position, functions or remuneration as an officer, employee or
member of a public body; or
(f) the disclosure reveals financial and other details of a contract to supply goods or services to a public
body; or
(g) the information is about expenses incurred by the third party while travelling on the business and at the
expense of a public body; or
(h) the disclosure reveals the details of, or the reasons for the grant by, a public body or authority of a licence, permit or other benefit whatsoever to the third party:
Provided that
(i) the reasons for the grant of the benefit shall not be disclosed if the law under which the benefit
was granted provides that the grant is at the sole discretion of the public body or authority, or
that the reasons for the grant or refusal of the benefit shall not be disclosed to the beneficiary or
any other person;
(ii) personal information supplied in support of the application for the benefit shall not be disclosed;
[Paragraph substituted by section 4 of Act 5 of 2003]
(i) the disclosure reveals details of a discretionary benefit of a financial nature granted to the third party by
a public body, not including personal information that is supplied in support of an application for the
benefit referred to in paragraph (c) of subsection (3).