Mandatory protection of certain confidential information, and protection of certain other confidential information, of third party

(1) Subject to subsection (2), the information officer of a public body— (a) must refuse a request for access to a record of the body if the disclosure of the record would constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement; or (b) may refuse a request for access to a record of the body if the record consists of information that was supplied in confidence by a third party— (i) the disclosure of which could reasonably be expected to prejudice the future supply of similar information, or information from the same source; and (ii) if it is in the public interest that similar information, or information from the same source, should continue to be supplied.

(2) A record may not be refused in terms of subsection (1) insofar as it consists of information— (a) already publicly available; or (b) about the third party concerned that has consented in terms of section 48 or otherwise in writing to its disclosure to the requester concerned.