ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT
(SHOWING AMENDMENTS MADE BY ACT 5/2003)
(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 twenty days
after the date the notice is given, unless the third party requests a review in terms of Part X.
28 Information to be disclosed if in the public interest
(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 security or public order, including
any threat to public security or public order:
Provided that information concerning any threat to public security or public order shall only be disclosed to the relevant law enforcement authorities 18;
or
(v) any matter that assists in the prevention, detection or suppression of crime. 19
(vi) … 20
(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.
PART V
COLLECTION, PROTECTION AND RETENTION OF PERSONAL INFORMATION BY PUBLIC BODIES
29 Purposes for which personal information may be collected
A public body may only collect personal information if—
(a) the collection of that information is expressly authorized in terms of an enactment;
18
Paragraph substituted by s. 5 of Act 5/2003.
19
Paragraph substituted by s. 5 of Act 5/2003.
20
Paragraph repealed by s. 5 of Act 5/2003.
19
Select target paragraph3
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