PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Page 45 of 70
(a)
the private body;
(b)
a person that is or will be carrying out the research on behalf of the
private body; or
(c)
the subject matter of the research,
to serious disadvantage.
70 Mandatory disclosure in public interest
Despite any other provision of this Chapter, the head of a private body must
grant a request for access to a record of the body contemplated in section 63 (1),
64 (1), 65, 66 (a) or (b), 67, 68 (1) or 69 (1) or (2) if(a)
the disclosure of the record would reveal evidence of(i)
(ii)
(b)
a substantial contravention of, or failure to comply with, the
law; or
imminent and serious public safety or environmental risk; and
the public interest in the disclosure of the record clearly outweighs the
harm contemplated in the provision in question.
CHAPTER 5
THIRD PARTY NOTIFICATION AND INTERVENTION (ss 71-73)
71 Notice to third parties
(1) The head of a private body considering a request for access to a record that
might be a record contemplated in section 63 (1), 64 (1), 65 or 69 (1), must take
all reasonable steps to inform a third party to whom or which the record relates of
the request.
(2) The head must inform a third party in terms of subsection (1)(a)
as soon as reasonably possible, but in any event within 21 days after
that request is received; and
(b)
by the fastest means reasonably possible.
(3) When informing a third party in terms of subsection (1), the head must(a)
state that he or she is considering a request for access to a record that
might be a record contemplated in section 63 (1), 64 (1), 65 or 69 (1),
as the case may be, and describe the content of the record;
(b)
furnish the name of the requester;
(c)
describe the provisions of section 63 (1), 64 (1), 65 or 69 (1), as the
case may be;
(d)
in any case where the head believes that the provisions of section 70
might apply, describe those provisions, specify which of the
circumstances referred to in section 70 (a) in the opinion of the head
might apply and state the reasons why he or she is of the opinion that
section 70 might apply; and
(e)
state that the third party may, within 21 days after the third party is
informed(i)
make written or oral representations to the head why the
request for access should be refused; or
(ii)
give written consent for the disclosure of the record to the
requester.
(4) If a third party is informed orally of a request for access in terms of
subsection (1), the head must give a written notice stating the matters referred to
in subsection (3) to the third party.
72 Representations and consent by third parties
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