ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT
(SHOWING AMENDMENTS MADE BY ACT 5/2003)
(g) the information is about expenses incurred by the third party while travelling on the
business and at the expense of a public body; or
(h) the disclosure reveals the details of, or the reasons for the grant by, a public body or
authority of a licence, permit or other benefit whatsoever to the third party:
Provided that⎯
(i) the reasons for the grant of the benefit shall not be disclosed if the law under
which the benefit was granted provides that the grant is at the sole discretion of
the public body or authority, or that the reasons for the grant or refusal of the
benefit shall not be disclosed to the beneficiary or any other person;
(ii) personal information supplied in support of the application for the benefit shall
not be disclosed; 18
(i) the disclosure reveals details of a discretionary benefit of a financial nature granted to
the third party by a public body, not including personal information that is supplied in
support of an application for the benefit referred to in paragraph (c) of subsection (3).
(5) The head of a public body shall, when refusing to disclose personal information supplied in confidence as described in paragraph (f) of subsection (2), give the applicant a summary
of the information, if such summary can be prepared without disclosing the identity of the third
party who supplied such personal information. 19
(6) The head of a public body may allow the third party to prepare the summary of personal
information referred to in subsection (5).
PART IV
INFORMATION PERTAINING TO THIRD PARTIES
26 Requirement to notify third party
(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 pertaining to a third party that may be protected
from disclosure in terms of Part III, notify the third party, in writing, of his intention to give
such access and afford him an opportunity within twenty days after the notice is given to make
written representations to the public body explaining why the information should not be disclosed.
(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; and
18
Paragraph substituted by s. 4 of Act 5/2003.
19
Subsection amended by s. 4 of Act 5/2003.
18
Select target paragraph3
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