Section 11 - Third party information

Third party information: notice and representation procedures require balancing confidentiality with public interest before disclosure.

A public information officer proposing to disclose information supplied by a third party and treated as confidential must give prompt written notice to the third party and invite written or oral submissions; disclosure may be allowed if the public interest outweighs harm, except for protected trade or commercial secrets. The third party is entitled to make representations against disclosure and, where given that opportunity, the officer must decide within the statutory period and notify the third party in writing, including the right to prefer an appeal under the Act.