Section 65
Mandatory protection of certain confidential information of third party
Part 3 · Access to Records of Private Bodies · Chapter 4 — Grounds for Refusal of Access to Records
The head of a private body must refuse a request for access to a record of the body if its disclosure would constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement.
Source: SAFLII — Promotion of Access to Information Act 2 of 2000 (consolidated, updated 11 October 2024) — cross-checked verbatim before publishing.
Beyond the text
What this means in practice
- Short but strong: you must refuse if disclosure would breach a duty of confidence owed to a third party under an agreement.
- Contractual confidentiality obligations are a mandatory refusal ground — but only where a genuine duty of confidence exists.
Relevant tool
PopiGuard links your confidentiality agreements to your PAIA decisions — so s.65 refusals rest on a real, documented duty.