(a) significantly harm the competitive position or interfere with the negotiating position of
the third party; or
(b) result in similar information being no longer provided to the public body when it is in
the public interest that such information continues to be so provided; or
(c) result in undue financial loss or gain to any person or organisation; or
(d) reveal information supplied to an arbitrator, mediator, labour officer or other person or
body appointed to resolve or inquire into a labour relations dispute; or
(e) reveal information that will harm the economic interests of the State.
(2) The head of a public body shall not disclose to an applicant information contained in a
tax return form or gathered for the purpose of determining a person’s tax liability or collecting
outstanding tax.
(3) Subsections (1) and (2) shall not apply where—
(a) the third party consents to the disclosure; or
(b) the information is contained in a record that is in the custody or control of the National
Archives; or
(c) the information is contained in a record that is in the archives of a public body and has
been in existence for thirty or more years.
25 Protection of information relating to personal privacy
(1) The head of a public body shall not disclose personal information to an applicant if the
disclosure will result in the unreasonable invasion of a third party’s personal privacy.
(2) In determining whether or not a disclosure of personal information constitutes an
unreasonable invasion of a third party’s personal privacy, the head of a public body shall
consider all the relevant circumstances, including whether—
(a) the disclosure is desirable or necessary for the purpose of subjecting the activities of
the government or a public body to public scrutiny;
(b) the disclosure is likely to promote public health and safety or the protection of the
environment;
(c) the personal information is relevant to a fair determination of the applicant’s rights;
(d) the disclosure will assist in researching or validating the claims, disputes or grievances
of indigenous people;
(e) the third party will be exposed unfairly to financial or other harm;
(f) the personal information has been supplied in confidence;
(g) the personal information is likely to be inaccurate or unreliable;
(h) the disclosure may unfairly damage the reputation of any person referred to in the
record requested by the applicant.
(3) A disclosure of personal information shall be presumed to be an unreasonable invasion
of a third party’s personal privacy if the personal information—
(a) relates to a medical, psychiatric or psychological history, diagnosis, condition,
treatment or evaluation; or

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