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Access to Information and Protection of Privacy Bill
November 30, 2001

Contents

PART IV

Information Pertaining to Third Parties

27. Requirement to notify third party.
28. Time limit to give notice of decision.
29. Information to be disclosed if in the public interest.

 

27   Requirement to notify third party   TOP

(1) The head of a public body shall, if he intends to give an applicant access to a record that he has reason to believe contains information exempted from disclosure and pertaining to a third party, notify the third party, in writing, of his intention to give such access.

(2) Where the head of a public body has been approached by an applicant with a request to give information pertaining to a third party and he does not intend to give the applicant access to such information, he shall notify the third party, in writing, of his intention not to give such access to a record.

(3) The head of a public body shall, when giving notice in terms of subsection (1), also give the applicant a notice stating that—

(a) the record he has requested contains information whose disclosure may affect the interests or invade the personal privacy of a third party;

(b) the third party is being given an opportunity to make representations concerning disclosure; and

(c) a decision will be made within 30 days on whether or not to give the applicant access to the record.

(4) The notice referred to in subsection (2) shall—

(a) advise the third party that a request has been made by an applicant for access to a record containing information whose disclosure affect the interests or invade his personal privacy; and

(b) describe the contents of the record; and

(c) state that, within 20 days after the notice is given, the third party may, in writing, consent to the disclosure thereof or may make written representations to the public body explaining why the information should not be disclosed.

 

28   Time limit to give notice of decision   TOP

(1) Within 30 days after notice is given in terms of subsection (1) or (2) of section 20 four, the head of the public body shall decide whether or not to give access to the record or to part of the record, but no decision may be made before—

(a) the lapse of 21 days after the day notice is given; or

(b) the day a response is received from the third party;

whichever occurs first.

(2) After reaching a decision in terms of subsection (1), the head of the public body shall give notice, in writing, of his decision to both the applicant and the third party.

(3) If the head of the public body decides to give access to the record or to part of the record, the notice shall state that the applicant will be given access to the record within 20 days after the date the notice is given, unless the third party requests for a review.

 

29   Information to be disclosed if in the public interest   TOP

(1) The head of a public body shall have a duty to disclose to—

(a) an applicant; or

(b) members of the public or interested or affected persons, whether or not a request has been made;

information concerning—

(i) the risk of significant harm to the health or safety of members of the public; or

(ii) the risk of significant harm to the environment; or

(iii) any matter that threatens national security; or

(iv) any matter that is in the interest of public order; or

(v) any matter that assists in the prevention, detection or suppression of crime; or

(vi) information threatening public security and public order:

Provided that information that threatens public order and public security shall only be disclosed to the relevant authorities.

(2) Before disclosing any information in terms of subsection (1), the head of a public body shall, if possible, notify any third party to whom the information relates or directly affects and the Commission.

(3) If it is not reasonably possible to comply with subsection (2), the head of the public body shall mail a notice of disclosure in the prescribed form to the last known address of the third party and to the Commission.

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