24 Protection of information relating to business interests of a third party (1) The head of a public body may refuse to disclose to an applicant information that will reveal the trade secrets or commercial, financial or employment, scientific or technical information of a third party that was supplied, implicitly or explicitly, in confidence to the public body, and the disclosure of which could reasonably be expected to— (a) significantly harm the competitive position or interfere with the negotiating position of the third party; or (b) result in similar information being no longer provided to the public body when it is in the public interest that such information continues to be so provided; or (c) result in undue financial loss or gain to any person or organisation; or (d) reveal information supplied to an arbitrator, mediator, labour officer or other person or body appointed to resolve or inquire into a labour relations dispute; or (e) reveal information that will harm the economic interests of the State. (2) The head of a public body shall not disclose to an applicant information contained in a tax return form or gathered for the purpose of determining a person’s tax liability or collecting outstanding tax. (3) Subsections (1) and (2) shall not apply where— (a) the third party consents to the disclosure; or (b) the information is contained in a record that is in the custody or control of the National Archives; or (c) the information is contained in a record that is in the archives of a public body and has been in existence for 30 or more years. 25 Protection of information relating to personal privacy (1) The head of a public body shall not disclose personal information to an applicant if the disclosure will result in the unreasonable invasion of a third party’s personal privacy. (2) In determining whether or not a disclosure of personal information constitutes an unreasonable invasion of a third party’s personal privacy, the head of a public body shall consider all the relevant circumstances, including whether— (a) the disclosure is desirable or necessary for the purpose of subjecting the activities of the government or a public body to public scrutiny; (b) the disclosure is likely to promote public health and safety or the protection of the environment; (c) the personal information is relevant to a fair determination of the applicant’s rights; (d) the disclosure will assist in researching or validating the claims, disputes or grievances of indigenous people; (e) the third party will be exposed unfairly to financial or other harm; (f) the personal information has been supplied in confidence; (g) the personal information is likely to be inaccurate or unreliable; (h) the disclosure may unfairly damage the reputation of any person referred to in the record requested by the applicant. (3) A disclosure of personal information shall be presumed to be an unreasonable invasion of a third party’s personal privacy if the personal information— (a) relates to a medical, psychiatric or psychological history, diagnosis, condition, treatment or evaluation; or (b) was compiled and is identifiable as part of au investigation into a possible violation of law, unless disclosure is necessary to prosecute such violation or to continue the investigation; or (c) relates to eligibility for income assistance or social welfare benefits or to the determination of benefit levels; or (d) relates to employment, occupational or educational history; or (e) is contained in a tax return or gathered for the purpose of collecting a tax; or (f) describes the third party’s finances, income, assets, liabilities, net worth, bank balance, financial history or activities, or creditworthiness; or (g) consists of personal recommendations or evaluations, character references or personnel evaluations concerning the third party; or (h) could reasonably be expected to reveal that the third party supplied, in confidence, a personal recommendation or evaluation, character reference or personal evaluation; or (i) indicates the third party’s racial or ethnic origin, religious or political beliefs or associations; or (j) consists of the third party’s name, address or telephone number and is to be used for mailing lists or solicitations by telephone or other means; or (k) constitutes intrusion into personal or family grief. (4) A disclosure of personal information shall not be considered an unreasonable invasion of a third party’s personal privacy if— (a) the third party has, in writing, consented to or requested the disclosure; or (b) there are compelling circumstances affecting another person’s health or safety and notice of disclosure is mailed to the last known address of the third party; or (c) disclosure is authorised by any enactment other than this Act; or (d) the disclosure is for purposes of research or the compilation of statistics in a manner authorised by law; or (e) the information concerns the third party’s position, functions or remuneration as an officer, employee or member of a public body; or -8-