(2)
15.
16.
A public institution shall disclose any information that contains personal information if (a)
the individual to whom it relates consents to the disclosure; or
(b)
the information is publicly available
(3)
Where disclosure of any information referred to in this section would be in the public interest, and if the
public interest in the disclosure of such information clearly outweighs the protection of the privacy of the
individual to whom such information relates, the public institution to whom request for disclosure is made
shall disclose such information subject to Section 14 (2) of this Act.
(1)
A public institution shall deny an application for information that contains(a)
trade secrets and commercial or financial information obtained from a person or business where such
trade secrets or information are proprietary, privileged or confidential, or where disclosure of such
trade secrets or information may cause harm to the interests of the third party provided that nothing
contained in this subsection shall be construed as preventing a person or business from consenting to
disclosure;
(b)
information the disclosure of which could reasonably be expected to interfere with the contractual or
other negotiations of a third party; and
(c)
proposal and bids for any contract, grants, or agreement, including information which if it were
disclosed would frustrate procurement or give an advantage to any person.
(2)
A public institution shall, notwithstanding subsection (l), deny disclosure of a part of a record if that part
contains the result or product of environmental testing carried out by or on behalf of a public institution.
(3)
Where the public institution discloses information, or a part thereof, that contains the results of a product or
environmental testing, the institution shall at the same time as the information or part thereof is disclosed
provide the applicant with a written explanation of the methods used in conducting the test.
(4)
A public institution shall disclose any information described in subsection (l) of this section if that disclosure
would be in the public interest as it relates to public health, public safety or protection of the environment and,
if the public interest in the disclosure clearly outweighs in importance any financial loss or gain to, or
prejudice to the competitive position of or interference with contractual or other negotiation of a third party.
A public institution may deny an application for information that is subject to the following privileges –
(a)
legal practitioner-client privilege
(b)
health workers- client privilege;
(c)
journalism confidently privilege;
(d)
any other professional privileges confidently by an Act
17.
A public institution may deny an application for information which contains course or research materials prepared by
faculty members.
18.
Notwithstanding any other provision of this Act, where an application is made to a public institution for information
which is exempted from disclosure by virtue of this Act, the institution shall disclose any part of the information that
virtue does not contain such exempted information.
19.
(1)
A public institution may deny an application for information that contains information pertaining to –
(a)
test questions, scoring keys and other examination data used to administer an academic examination or
determine the qualifications of an application for a license or employment;
(b)
architects' and engineers' plans for buildings not constructed in whole or in part with public funds and
for buildings constructed with public funds, to the extent that disclosure would compromise security;
and