10 (4) Nothing in this Act shall be taken to require a public authority to give information as to the existence or non-existence of a document of a kind referred to in subsection (1) where information as to the existence or non-existence of that document, if included in a document of a public authority, would cause the lastmentioned document to be an exempt document by virtue of this section. 31. (1) A document is an exempt document if its disclosure under this Act would disclose information acquired by a public authority from a business, commercial or financial undertaking, and (a) the information relates to trade secrets or other matters of a business, commercial or financial nature; or (b) the disclosure of the information under this act would be likely to expose the undertaking to disadvantage. (2) In deciding whether disclosure of information would expose an undertaking to disadvantage, for the purposes of paragraph (b) of subsection (1), a public authority may take account of any of the following considerations: (a) whether the information is generally available to competitors of the undertaking; (b) whether the information would be exempt information if it were generated by a public authority; (c) whether the information could be disclosed without causing substantial harm to the competitive position of the undertaking; and (d) whether there are any considerations in the public interest in favour of disclosure which outweigh considerations of competitive disadvantage to the undertaking, for instance, the pubic interest in evaluating aspects of regulation by a public authority of corporate practices or environmental controls. And of any consideration or considerations which in the opinion of the public authority is or are relevant. (3) Prior to making a determination under subsection (1) as to whether the disclosure of information would expose an undertaking to disadvantage, a public authority shall notify the undertaking which has supplied the relevant document or documents that the public authority has received a request for access to the document and shall (a) seek the undertaking's view as to whether disclosure should occur; and (b) notify the undertaking where the public authority after consultation has decided to disclose the document and in such a case notify the undertaking of the right to apply to the High Court for judicial review of the decision and the time within which the application for review is required to be made. (4) A document is an exempt document if (a) it contains (I) a trade secret of a public authority; or (II) in the case of a pubic authority engaged in trade or commerce, information of a business, commercial or financial, nature, that would if disclosed under this Act be likely to expose the public authority to disadvantage; (b) it contains the results of scientific or technical research undertaken by a public authority, and (I) the research could lead to a patentable invention; (II) the disclosure of the results of an incomplete state under this Act would be reasonably likely to expose a business, commercial or financial undertaking unreasonably to disadvantage; (III) the disclosure of the results before the completion of the research would be reasonably likely to expose the public authority unreasonably to disadvantage; or (c) it is an examination paper, a paper submitted by a student in the course of an examination, an examiner's report or similar document and the use or uses for which the document was prepared have not been completed. 32. (1) A document is an exempt document if its disclosure under this Act would divulge any information or matter communicated in confidence by or on behalf of a person or a government to a public authority, and (a) the information would be exempt information if it were generated by a public authority; or (b) the disclosure of the information under this act would be contrary to the public interest by reason that the disclosure would be reasonably likely to impair the ability of a public authority to obtain similar information in the future. (2) This section does not apply to information (a) acquired by a public authority from a business, commercial or financial undertaking; and (b) that relates to trade secrets or other matters of a business, commercial or financial nature. 33. (1) A document is an exempt document if (a) its premature disclosure under this Act would be contrary to the public interest by reason that the disclosure would be reasonably likely to have a substantial adverse effect on the economy of Trinidad and Tobago, including but not limited to, the premature disclosure of proposed introduction, abolition or variation of any tax, duty, interest rate, exchange rate or; instrument of economic management; (b) its disclosure under this Act would be contrary to the financial interests of the public authority by giving an unreasonable advantage to any person in relation to a contract which that person is seeking to enter into with the public authority for the acquisition or disposal of property or the supply of goods or services; (c) its disclosure under this Act, by revealing information to a competitor of the public authority, would be likely to prejudice the lawful commercial activities of the public authority;

اختر الفقرة المستهدفة3

الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات