Freedom of Information Act, 2020
22.
Protection of commercial information of third party and private entity
(1)
(2)
(3)
23.
Zimbabwe
Subject to subsection (3), the information officer of an entity shall refuse a request for access to
information of the entity if the information contains—
(a)
trade secrets of a third party; or
(b)
financial, commercial, scientific or technical information that is proprietary to a third party,
and 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)
to put that third party at a disadvantage in contractual or other negotiations; or
(ii)
to prejudice that third party in commercial competition.
Subject to subsection (3), the information officer of a private entity shall refuse a request for access
to the information of the private entity which contains—
(a)
trade secrets of that private entity; or
(b)
financial, commercial, scientific or technical information that is proprietary to that private
entity, the disclosure of which would be likely to cause harm to the commercial or financial
interests of that private entity; or
(c)
information supplied in confidence by a third party the disclosure of which could reasonably
be expected—
(i)
to put that third party at a disadvantage in contractual or other negotiations; or
(ii)
to prejudice that third party in commercial competition.
The information officer shall not refuse to provide information in terms of subsection (1) or (2) if
that information consists of information—
(a)
already publicly available; or
(b)
about a third party who has consented in terms of section 33(2) or otherwise in writing to its
disclosure to the applicant concerned; or
(c)
the disclosure of which would facilitate accountability and transparency of decisions taken
by an entity, other than preliminary results of any tests, research, preparations or other
investigations conducted for the purpose of developing any policy; or
(d)
which relates to the expenditure of public funds; or
(e)
the disclosure of which would reveal misconduct or deception.
Protection of certain other confidential information of third party
(1)
Subject to subsection (2), an information officer—
(a)
shall refuse a request for access to information of the entity if the disclosure of the
information would constitute a breach of a duty of confidence owed to a third party in terms
of any agreement; or
(b)
may refuse a request for access to information of the entity if the information consists of
information that was supplied in confidence by a third party and the disclosure of which
could reasonably be expected to prejudice the future supply of similar information or
information from the same source.
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