ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT
(as amended January 2008)
(b) creating the record will not unreasonably interfere with the operations of the public
body.
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Contents of response
(1) A response by the head of a public body to a request made in terms of section six shall
inform the applicant—
(a) whether or not he is entitled to access to the record or a part of the record; and
(b) the place where, time when and manner in which such access will be given.
(2) Where the head of a public body refuses access to a record or part of a record, he shall
inform the applicant of the reasons therefor.
(3) An applicant whose request for a record or part of a record has been refused by the head
of a public body may request the Commission to review the public body’s decision.
(4) The head of a public body may refuse a request for a record or part of a record if granting access to such a record—
(a) will contravene this Act; or
(b) will result in the disclosure of personal information pertaining to a third party that is
protected from disclosure in terms of Part III; or
(c) is not in the public interest.
10 Access to information
(1) Where an applicant is granted access to a record or part of a record, the head of a public
body shall—
(a) give him the opportunity to examine such record or part thereof; or
(b) where the applicant has requested a copy of a record or part of a record, provide him
with such copy if it can be reproduced, and where it cannot be reproduced, give the
applicant an opportunity to take notes from such record or part thereof. 22
(2)
[Repealed]23
11 Extension of time limit for responding
(1) The head of a public body may extend the time for responding to a request by a further
period not exceeding thirty days or, with the Commission’s permission, for a longer period if—
(a) the applicant does not give sufficient detail to enable the public body to identify the
requested record; or
(b) a large number of records is requested or is required to be searched, and meeting the
time limit will unreasonably interfere with the operations of the public body; or
(c) more time is needed to consult with a third party affected by the request or another
public body before the head of the public body can decide whether or not to give the
applicant access to the requested record.
22
Paragraph (b) amended by s. 25 of as read with Schedule to Act 5/2003.
23
Subsection (2) repealed by s. 25 of as read with Schedule to Act 5/2003.
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