(3) The head of a public body may disclose, after the completion of an investigation by the police, the reasons for a decision not to prosecute to— (a) a person who was aware and had an interest in the investigation, including a victim or complainant, or relative or friend of a victim or complainant; or (b) any member of the public, where the investigation had been made public. 18 Protection of information relating to inter-governmental relations or negotiations (1) The head of a public body may, on the advice of the Minister responsible for local government or the Minister responsible for foreign affairs, as the case may be, refuse to disclose information to an applicant if such disclosure may— (a) affect the relations between the government and— (i) a municipal or rural district council; or (ii) the government of a foreign state; or (iii) an international organisation of states; (b) divulge information received in confidence from a government, council or organisation referred to in paragraph (a). (2) Subsection (1) shall not apply to information, other than law enforcement information, contained in a record that has existed for 20 or more years. 19 Protection of information relating to the financial or economic interests of public body or the State (1) The head of a public body may refuse to disclose to an applicant information which may result in harm to the planning, financial or economic interests of the public body or the State. (2) The information referred to in subsection (1) shall include— (a) trade secrets of a public body or the State; or (b) financial, commercial scientific or technical information that belongs to a public body or to the State and has monetary value; or (c) plans that relate to the management of personnel of or the administration of a public body or the State and that have not yet been implemented or made public; or (d) information whose disclosure may result in the premature disclosure of a proposal or project or in undue financial loss or gain to a third party; (e) information relating to negotiations made by or for a public body or the State. (3) Subsection (1) shall not apply to the results of product or environment testing carried out by or for a public body, unless the testing was done— (a) as a service to a person, group of persons or organisation who paid a fee for such service; or (b) for the purpose of developing methods of testing. 20 Protection of research information The head of a public body shall not disclose research information to the applicant if such disclosure will result in the loss by the researcher of the right of first publication of the results of such research or any intellectual property rights. 21 Protection of information relating to conservation of heritage sites (1) The head of a public body may refuse to disclose information to an applicant if the disclosure will result in damage to, or interference with the conservation of— (a) fossil sites, natural sites or sites that have an anthropological or heritage value; or (b) an endangered, threatened or vulnerable species, subspecies or race of plants, vertebrates or invertebrates; or (c) any other rare or endangered living species. 22 Protection of information relating to personal or public safety (1) The head of a public body may refuse to disclose to an applicant information, including personal information about the applicant, if the disclosure will result in a threat to another person’s safety, mental or physical health or interfere with public safety. (2) The head of a public body may refuse to disclose to an applicant personal information concerning the applicant if such disclosure will result in a threat to the applicant’s safety or mental or physical health. 23 Information otherwise available to the public (1) The right of access to information in terms of section 5 shall not be held to be denied where under this Act or any other law the head of a public body refuses to disclose information— (a) that is otherwise available to members of the public upon payment of a specific fee; or (b) that will be published or released to members of the public within 60 days of the date of receiving the applicant’s request. (2) If the head of a public body refuses to disclose information on the ground referred to in paragraph (b) of subsection (1) and the information is not published after the expiry of 60 days from the date of receiving the request for the information, the applicant may make another request for the information and the head of the public body shall reconsider it. -7-