PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
(i)
(ii)
Page 27 of 70
under the age of 18 years; or
incapable of understanding the nature of the request,
and if giving access would be in the individual's best interests;
(e)
about an individual who is deceased and the requester is(i)
(ii)
(f)
the individual's next of kin; or
making the request with the written consent of the individual's
next of kin; or
about an individual who is or was an official of a public body and which
relates to the position or functions of the individual, including, but not
limited to(i)
(ii)
(iii)
the fact that the individual is or was an official of that public
body;
the title, work address, work phone number and other similar
particulars of the individual;
the classification, salary scale, remuneration and responsibilities
of the position held or services performed by the individual; and
[Sub-para. (iii) substituted by s. 31 of Act 42 of 2001 (wef 7 December 2001).]
(iv)
the name of the individual on a record prepared by the
individual in the course of employment.
35 Mandatory protection of certain records of South African Revenue
Service
(1) Subject to subsection (2), the information officer of the South African
Revenue Service, referred to in section 2 (3), must refuse a request for access to a
record of that Service if it contains information which was obtained or is held by
that Service for the purposes of enforcing legislation concerning the collection of
revenue as defined in section 1 of the South African Revenue Service Act, 1997 (Act
34 of 1997).
(2) A record may not be refused in terms of subsection (1) insofar as it consists
of information about the requester or the person on whose behalf the request is
made.
36 Mandatory protection of commercial information of third party
(1) Subject to subsection (2), the information officer of a public body must
refuse a request for access to a record of the body if the record contains(a)
trade secrets of a third party;
(b)
financial, commercial, scientific or technical information, other than
trade secrets, of a third party, the disclosure of which would be likely to
cause harm to the commercial or financial interests of that third party;
or
(c)
information supplied in confidence by a third party the disclosure of
which could reasonably be expected(i)
(ii)
to put that third party at a disadvantage in contractual or other
negotiations; or
to prejudice that third party in commercial competition.
(2) A record may not be refused in terms of subsection (1) insofar as it consists
of information(a)
already publicly available;
(b)
about a third party who has consented in terms of section 48 or
otherwise in writing to its disclosure to the requester concerned; or
(c)
about the results of any product or environmental testing or other
investigation supplied by a third party or the result of any such testing
or investigation carried out by or on behalf of a third party and its
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