PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Page 42 of 70
(3) (a) If, after being given access to the record concerned, the health
practitioner consulted in terms of subsection (1) is of the opinion that the disclosure
of the record to the relevant person, would be likely to cause serious harm to his or
her physical or mental health, or well-being, the head may only give access to the
record if the requester proves to the satisfaction of the head that adequate
provision is made for such counselling or arrangements as are reasonably
practicable before, during or after the disclosure of the record to limit, alleviate or
avoid such harm to the relevant person.
(b) Before access to the record is so given to the requester, the person
responsible for such counselling or arrangements must be given access to the
record.
CHAPTER 4
GROUNDS FOR REFUSAL OF ACCESS TO RECORDS (ss 62-70)
62 Interpretation
A provision of this Chapter in terms of which a request for access to a record
must or may or may not be refused, must not be construed as(a)
limited in its application in any way by any other provision of this
Chapter in terms of which a request for access to a record must or may
or may not be refused; and
(b)
not applying to a particular record by reason that another provision of
this Chapter in terms of which a request for access to a record must or
may or may not be refused, also applies to that record.
63 Mandatory protection of privacy of third party who is natural person
(1) Subject to subsection (2), the head of a private body must refuse a request
for access to a record of the body if its disclosure would involve the unreasonable
disclosure of personal information about a third party, including a deceased
individual.
(2) A record may not be refused in terms of subsection (1) insofar as it consists
of information(a)
about an individual who has consented in terms of section 72 or
otherwise in writing to its disclosure to the requester concerned;
(b)
already publicly available;
(c)
that was given to the private body by the individual to whom it relates
and the individual was informed by or on behalf of the private body,
before it is given, that the information belongs to a class of information
that would or might be made available to the public;
(d)
about an individual's physical or mental health, or well-being, who is
under the care of the requester and who is(i)
(ii)
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 private body and which
relates to the position or functions of the individual, including, but not
limited to(i)
the fact that the individual is or was an official of that private
body;
(ii)
the title, work address, work phone number and other similar
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