4.2. Mandatory v Discretional grounds for refusing access to information PAIA states that in certain circumstances information cannot be disclosed by the information officer. In short, the reasons behind why information cannot be disclosed relate to whether the disclosure of the information would cause more harm than non-disclosure. PAIA therefore lists twelve grounds under which access to information can be refused by the information officer of the public or private body (these 12 grounds will be detailed in section 4.3 below). On the one hand, some of these reasons for non-disclosure are mandatory upon the information officer, meaning that the information officer must not allow access to the information if one of the mandatory grounds for refusal of access to information can be proved. On the other hand, the other grounds for refusal of access to information are what is known as discretionary. This means that the information officer may or may not disclose the information or record in question. Therefore the information officer must apply his/her discretion in assessing whether disclosing the information would cause more harm to the public or private body than non-disclosure, which would violate the requester’s right of access to information. This is why considering the grounds for not allowing access to information constitutes a balancing of rights, as not disclosing the information requested by an individual would violate the requester’s right to information, whereas, on the other hand disclosing this information may result in a third party’s rights being violated (for example their right to privacy) or a violation of the rights of the public or private body. South African Human Rights Commission 47