Freedom of Information Act, 2020
(5)
14.
Zimbabwe
Where a person requests access to information in a particular form and for a reason specified in
subsection (4), access in that form is refused but access is given in another form, the reproduction
fee charged may not exceed the fee that would have been charged if the applicant had been given
access in the form requested.
Severability
Where any information is contained in a record or document with information protected in terms of this
Act, the protected information shall be severed from the record or document and access to the remainder
of the information shall be granted to the applicant.
15.
Access to health or other records
(1)
If an information officer receives, in terms of this Part, a request for access to information provided
by a health practitioner in his or her capacity as such about the physical or mental health, or wellbeing—
(a)
of an applicant; or
(b)
if the request has been made on behalf of a person to whom the record relates, of that
person;
and the information officer is of the opinion that the disclosure of the information might cause
serious harm to the applicant’s or that person’s physical or mental health, or well-being, the
information officer shall, before giving access to the record of the information, consult with a
health practitioner who, subject to subsection (2), has been nominated by the applicant or the
representative referred to in paragraph (b).
(2)
16.
17.
If the person represented in terms of subsection (1)(b) is—
(a)
under the age of eighteen years, a person having parental responsibilities for that person
shall make the nomination contemplated in subsection (1); or
(b)
incapable of managing his or her own affairs, a person appointed by the court to manage
those affairs must make the nomination contemplated in subsection (1).
(3)
If, after being given access to the record concerned, the health practitioner consulted is of the
opinion that the disclosure of the information to the persons concerned is likely to cause serious
harm to his or her physical or mental health, or well-being, the information officer may only give
access to the information if the applicant proves to the satisfaction of the information officer
that adequate provision has been made for such counselling or arrangements as are reasonably
practicable and necessary before, during or after the disclosure of the information to limit, alleviate
or avoid any harm.
(4)
Before access to the information is so given in terms of this section, the person responsible for the
counselling or arrangements shall be given access to the record.
Language of access
(1)
Information must be provided to an applicant in such officially recognised language as the
applicant requests.
(2)
Where an entity does not hold the information in the requested language, the entity concerned
shall endeavour to translate it into the requested language and may recover the reasonable costs of
the translation from the applicant.
Fees
(1)
The applicant shall be notified of the fees due, if any, in terms of section 8(3)(b) for access to
information before further processing of the request is carried out.
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