4.3.3. Protection of confidential information PAIA provides that an information officer must refuse access to a record if the release of the record will amount to a breach of a duty of confidence owed to a third party in terms of an agreement or contract. Transnet Ltd and Another v SA Metal Machinery Co In this case the courts made a decision on a request for information relating to tender documents, after the tender had been issued. The requested records were made available; however some parts of the requested documents were omitted and the reasons given by the public body was that the record contains commercial information of a third party. In this case the court held that the confidentiality of the information did not apply because the tender had been awarded and tender documents were therefore public documents. The court further held that releasing the records would not prejudice the company. The court addressed the issue of the probability of harm. Noting that the tender document was already a public document, releasing the document could not reasonably be expected to harm or disadvantage the company in any way. This case is important in interpreting section 36 of PAIA in relation to the protection of confidential information, as this case gave direction on the extent to which a ground for refusal can be applied. 4.3.4. Protection of the safety of individual and property This section states that an information officer must refuse access to a record if the disclosure of the record could reasonably be expected to compromise the safety of an individual or property. This section has a right to privacy aspect to it as it considers the personal life of an individual and their property. South African Human Rights Commission 51