We may have to refuse you access to certain records in terms of PAIA to protect:

• someone else's privacy;

• another company's commercial information;

• someone else's confidential information;

• research information;

• the safety of individuals and property; or

• records privileged from production in legal proceedings.

Some of these grounds are explained in further detail below.

We may refuse to give you access to a record if access would unreasonably disclose a natural person's personal information, including a deceased person.

We will not refuse access in certain circumstances:

• The person who the information pertains to, has given consent.

• The information is publicly available.

• The information belongs to a class of information, and the private body notified the individual upfront that the specific class of information might be made public.

• The record is physical or mental health information or information about someone's well-being who is:

– under the requester's (your) care and below 18 years, or

– incapable of understanding the nature of the request and giving access would be in the individual's best interests.

• The information is about a deceased person and:

– you are the next of kin, or

– the request is made with the written consent of the individual's next of kin.

• The information is about a person who is, or was an executive at your organisation, and the information relates to their position or functions, for example:

– that the person was an official at our organisation,

– the title, work address, work phone number and other similar details,

– the classification, salary scale or remuneration and responsibilities of the position or services, and

– the name of the person on a record prepared by them while employed.

We may refuse to give you access to a record if the record contains another organisation's:

• trade secrets;

• financial, commercial, scientific, or technical information and the disclosure could cause harm to the financial or commercial interests of that company;

• information and the disclosure could put that company at a disadvantage in negotiations or commercial competition; or

• information on a computer programme owned by us, protected by copyright.

We may refuse access if it could reasonably be expected to endanger someone's life or physical safety. We may refuse access to a record if disclosing it would be likely to prejudice or impair the security of:

• a building, structure, or system, including a computer or communication system;

• a means of transport;

• any other property;

• methods, systems, plans or procedures for the protection of someone in a witness protection scheme;

• the public, or a part of the public; or

• the property contemplated above.

We may refuse you access to a record that contains research done by us or someone else, if disclosing it would disclose our identity, the researcher's or the subject matter of the research and would place the research at a serious disadvantage.

We will notify you in writing whether your request has been approved or denied within 30 calendar days after receiving your request. If we cannot find the record you asked for or it does not exist, we will notify you by way of affidavit that it is not possible to give access to that record.