ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT
(SHOWING AMENDMENTS MADE BY ACT 5/2003)
of the information, if such summary can be prepared without disclosing the identity of the third
party who supplied such personal information. 17
(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
(b) the third party is being given an opportunity to make representations concerning disclosure; and
(c) a decision will be made within thirty 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 may affect his interests or invade his personal privacy; and
(b) describe the contents of the record; and
(c) state that, within twenty days after the notice is given, the third party may, in writing,
consent to the disclosure thereof.
27 Time limit to give notice of decision
(1) Within thirty days after notice is given in terms of subsection (1) or (2) of section twenty-six, 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 twenty-one days after the day notice is given; or
17
Subsection amended by s. 4 of Act 5/2003.
18
Select target paragraph3
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