PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Page 44 of 70
(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).
67 Mandatory protection of records privileged from production in legal
proceedings
The head of a private body must refuse a request for access to a record of the
body if the record is privileged from production in legal proceedings unless the
person entitled to the privilege has waived the privilege.
68 Commercial information of private body
(1) Subject to subsection (2), the head of a private body may refuse a request
for access to a record of the body if the record(a)
contains trade secrets of the private body;
(b)
contains financial, commercial, scientific or technical information, other
than trade secrets, of the private body, the disclosure of which would be
likely to cause harm to the commercial or financial interests of the body;
(c)
contains information, the disclosure of which could reasonably be
expected(i)
(ii)
(d)
to put the private body at a disadvantage in contractual or other
negotiations; or
to prejudice the 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 private body, except insofar as it
is required to give access to a record to which access is granted in terms
of this Act.
(2) A record may not be refused in terms of subsection (1) insofar as it consists
of information about the results of any product or environmental testing or other
investigation supplied by the private body or the results of any such testing or
investigation carried out by or on behalf of the private body and its disclosure
would reveal a serious public safety or environmental risk.
[Sub-s. (2) substituted by s. 43 of Act 42 of 2001 (wef 7 December 2001).]
(3) For the purposes of subsection (2), 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.
69 Mandatory protection of research information of third party, and
protection of research information of private body
(1) The head of a private 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 head of a private body may 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 the private body, the disclosure of which would be likely to expose-
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