PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 Page 32 of 70 (a) contains trade secrets of the State or a public body; (b) contains financial, commercial, scientific or technical information, other than trade secrets, the disclosure of which would be likely to cause harm to the commercial or financial interests of the State or a public body; (c) contains information, the disclosure of which could reasonably be expected(i) (ii) (d) to put a public body at a disadvantage in contractual or other negotiations; or to prejudice a public body in commercial competition; or is a computer program, as defined in section 1 (1) of the Copyright Act, 1978 (Act 98 of 1978), owned by the State or a public body, except insofar as it is required to give access to a record to which access is granted in terms of this Act. (4) The information referred to in subsection (2) (c) (i) includes, without limiting the generality of that subsection, information about an agreement, or contemplated agreement, to transfer any interest in or right to shares in the capital of a public body to any person which is not a public body referred to in paragraph (a) or (b) (i) of the definition of 'public body' in section 1. [Sub-s. (4) substituted by s. 35 (a) of Act 42 of 2001 (wef 7 December 2001).] (5) A record may not be refused in terms of subsection (3) insofar as it consists of information(a) already publicly available; (b) about or owned by a public body, other than the public body to which the request is made, which has consented in writing to its disclosure to the requester concerned; or (c) about the results of any product or environmental testing or other investigation supplied by a public body or the results of any such testing or investigation carried out by or on behalf of a public body, and its disclosure would reveal a serious public safety or environmental risk. [Para. (c) substituted by s. 35 (b) of Act 42 of 2001 (wef 7 December 2001).] (6) For the purposes of subsection (5) (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. (7) If a request for access to a record contemplated in subsection (5) (c) is granted and the testing or other investigation was carried out by or on behalf of the public body from which the record is requested, the information officer must at the same time as access to the record is given, provide the requester with a written explanation of the methods used in conducting the testing or other investigation. 43 Mandatory protection of research information of third party, and protection of research information of public body (1) The information officer of a public body must refuse a request for access to a record of the body if the record contains information about research being or to be carried out by or on behalf of a third party, the disclosure of which would be likely to expose(a) the third party; (b) a person that is or will be carrying out the research on behalf of the third party; or (c) the subject matter of the research, to serious disadvantage. (2) The information officer of a public body may refuse a request for access to a record of the body if the record contains information about research being or to be http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&functio... 2016/12/02