Tag: protection of certain other confidential information

Section 37 | Mandatory protection of certain confidential information, and protection of certain other confidential information, of third party

  1. Subject to subsection (2), the information officer of a public body –
    1. must refuse a request for access to a record of the body if the disclosure of the record would constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement; or
    2. may refuse a request for access to a record of the body if the record consists of information that was supplied in confidence by a third party –
      1. the disclosure of which could reasonably be expected to prejudice the future supply of similar information, or information from the same source; and
      2.  if it is in the public interest that similar information, or information from the same source, should continue to be supplied.
  2. A record may not be refused in terms of subsection (1) insofar as it consists of information –
    1. already publicly available; or
    2. about the third party concerned that has consented in terms of section 48 or otherwise in writing to its disclosure to the requester concerned