PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Page 43 of 70
particulars of the individual;
(iii)
the classification, salary scale or remuneration and
responsibilities of the position held or services performed by the
individual; and
(iv)
the name of the individual on a record prepared by the
individual in the course of employment.
64 Mandatory protection of commercial information of third party
(1) Subject to subsection (2), the head of a private 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 about(a)
a third party who has consented in terms of section 72 or otherwise in
writing to its disclosure to the requester concerned;
(b)
the results of any product or environmental testing or other
investigation supplied by a third party or the results of any such testing
or investigation carried out by or on behalf of a third party and its
disclosure would reveal a serious public safety or environmental risk.
[Para. (b) substituted by s. 42 of Act 42 of 2001 (wef 7 December 2001).]
(3) For the purposes of subsection (2) (b), the results of any product or
environmental testing or other investigation do not include the results of
preliminary testing or other investigation conducted for the purpose of developing
methods of testing or other investigation.
65 Mandatory protection of certain confidential information of third party
The head of a private body must refuse a request for access to a record of the
body if its disclosure would constitute an action for breach of a duty of confidence
owed to a third party in terms of an agreement.
66 Mandatory protection of safety of individuals, and protection of
property
The head of a private body(a)
must refuse a request for access to a record of the body if its disclosure
could reasonably be expected to endanger the life or physical safety of
an individual; or
(b)
may refuse a request for access to a record of the body if its disclosure
would be likely to prejudice or impair(i)
(ii)
the security of(aa)
a building, structure or system, including, but not limited
to, a computer or communication system;
(bb)
a means of transport; or
(cc)
any other property; or
methods, systems, plans or procedures for the protection of-
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