If access is granted to a record of a private body, the head of that body must, as soon as reasonably possible after notification in terms of section 56, but subject to section 57, give access in –
(a) such form as the requester reasonably requires; or
(b) if no specific form of access is required by the requester, such form as the head reasonably determines.
(1) If the head of a private body who grants, in terms of section 50, a request for access to a record provided by a health practitioner in his or her capacity as such about the physical or mental health, or well-being –
(a) of the requester; or
(b) if the request has been made on behalf of the person to whom the record relates, of that person,
(in this section, the requester and person referred to in paragraphs (a) and (b), respectively, are referred to as the “relevant person”), is of the opinion that the disclosure of the record to the relevant person might cause serious harm to his or her physical or mental health, or well-being, the head may, before giving access in terms of section 60, consult with a health practitioner who, subject to subsection (2), has been nominated by the relevant person.
[Section 61(1) substituted by section 41 of Act 42 of 2001]
(2) If the relevant person is –
(a) under the age of 16 years, a person having parental responsibilities for the relevant person must make the nomination contemplated in subsection (1); or
(b) incapable of managing his or her affairs, a person appointed by the court to manage those affairs must make that nomination.
(3)
(a) If, after being given access to the record concerned, the health practitioner consulted in terms of subsection (1) is of the opinion that the disclosure of the record to the relevant person, would be likely to cause serious harm to his or her physical or mental health, or well-being, the head may only give access to the record if the requester proves to the satisfaction of the head that adequate provision is made for such counselling or arrangements as are reasonably practicable before, during or after the disclosure of the record to limit, alleviate or avoid such harm to the relevant person.
(b) Before access to the record is so given to the requester, the person responsible for such counselling or arrangements must be given access to the record.
A provision of this Chapter in terms of which a request for access to a record must or may or may not be refused, must not be construed as –
(a) limited in its application in any way by any other provision of this Chapter in terms of which a request for access to a record must or may or may not be refused; and
(b) not applying to a particular record by reason that another provision of this Chapter in terms of which a request for access to a record must or may or may not be refused, also applies to that record.
(1) Subject to subsection (2), the head of a private body must refuse a request for access to a record of the body if its disclosure would involve the unreasonable disclosure of personal information about a third party, including a deceased individual.
(2) A record may not be refused in terms of subsection (1) insofar as it consists of information –
(a) about an individual who has consented in terms of section 72 or otherwise in writing to its disclosure to the requester concerned;
(b) already publicly available;
(c) that was given to the private body by the individual to whom it relates and the individual was informed by or on behalf of the private body, before it is given, that the information belongs to a class of information that would or might be made available to the public;
(d) about an individual’s physical or mental health, or well-being, who is under the care of the requester and who is –
(i) under the age of 18 years; or
(ii) incapable of understanding the nature of the request,
and if giving access would be in the individual’s best interests;
(e) about an individual who is deceased and the requester is –
(i) the individual’s next of kin; or
(ii) making the request with the written consent of the individual’s next of kin; or
(f) about an individual who is or was an official of a private body and which relates to the position or functions of the individual, including, but not limited to –
(i) the fact that the individual is or was an official of that private body;
(ii) the title, work address, work phone number and other similar particulars of the individual;
(iii) the classification, salary scale or remuneration and responsibilities of the position held or services performed by the individual; and
(iv) the name of the individual on a record prepared by the individual in the course of employment.
(1) Subject to subsection (2), the head of a private body must refuse a request for access to a record of the body if the record contains –
(a) trade secrets of a third party;
(b) financial, commercial, scientific or technical information, other than trade secrets, of a third party, the disclosure of which would be likely to cause harm to the commercial or financial interests of that third party; or
(c) information supplied in confidence by a third party, the disclosure of which could reasonably be expected –
(i) to put that third party at a disadvantage in contractual or other negotiations; or
(ii) to prejudice that third party in commercial competition.
(2) A record may not be refused in terms of subsection (1) insofar as it consists of information about –
(a) a third party who has consented in terms of section 72 or otherwise in writing to its disclosure to the requester concerned;
(b) the results of any product or environmental testing or other investigation supplied by a third party or the results of any such testing or investigation carried out by or on behalf of a third party and its disclosure would reveal a serious public safety or environmental risk.
[Section 64(2)(b) substituted by section 42 of Act 42 of 2001]
(3) For the purposes of subsection (2)(b), 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.
The head of a private body must refuse a request for access to a record of the body if its disclosure would constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement.
The head of a private body –
(a) must refuse a request for access to a record of the body if its disclosure could reasonably be expected to endanger the life or physical safety of an individual; or
(b) may refuse a request for access to a record of the body it its disclosure would be likely to prejudice or impair –
(i) the security of –
(aa) a building, structure or system, including, but not limited to, a computer or communication system;
(bb) a means of transport; or
(cc) any other property; or
(ii) methods, systems, plans or procedures for the protection of –
(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).
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.
(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) to put the private body at a disadvantage in contractual or other negotiations; or
(ii) to prejudice the body in commercial competition; or
(d) is a computer program, as defined in section 1(1) of the Copyright Act, 1978 (Act No. 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.
[Section 68(2) substituted by section 43 of Act 42 of 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.
(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 –
(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.
