PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 Page 28 of 70 disclosure would reveal a serious public safety or environmental risk. [Para. (c) substituted by s. 32 of Act 42 of 2001 (wef 7 December 2001).] (3) For the purposes of subsection (2) (c), 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. 37 Mandatory protection of certain confidential information, and protection of certain other confidential information, of third party (1) Subject to subsection (2), the information officer of a public body(a) must refuse a request for access to a record of the body if the disclosure of the record would constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement; or (b) may refuse a request for access to a record of the body if the record consists of information that was supplied in confidence by a third party(i) the disclosure of which could reasonably be expected to prejudice the future supply of similar information, or information from the same source; and (ii) if it is in the public interest that similar information, or information from the same source, should continue to be supplied. (2) A record may not be refused in terms of subsection (1) insofar as it consists of information(a) already publicly available; or (b) about the third party concerned that has consented in terms of section 48 or otherwise in writing to its disclosure to the requester concerned. 38 Mandatory protection of safety of individuals, and protection of property The information officer of a public 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(aa) an individual in accordance with a witness protection scheme; (bb) the safety of the public, or any part of the public; or (cc) the security of property contemplated in subparagraph (i) (aa), (bb) or (cc). 39 Mandatory protection of police dockets in bail proceedings, and protection of law enforcement and legal proceedings (1) The information officer of a public body(a) must refuse a request for access to a record of the body if access to that record is prohibited in terms of section 60 (14) of the Criminal Procedure Act, 1977 (Act 51 of 1977); or http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&functio... 2016/12/02