Freedom of Information 5 10 15 20 (d) the information is already publicly available; or (e) the information relates to the physical or mental health or wellbeing of a person who is under the care of the applicant and who is— (i) under the age of eighteen years; or (ii) incapable of understanding the nature of the request; and giving access would be in the best interests of the individual; or (f) the information is about a deceased person and the applicant is— (i) the next of kin or legal representative of the deceased person; or (ii) making the request with the written consent of the deceased person’s next of kin or legal representative; or (iii) the executor of the estate of the deceased person; or (iv) the trustee of a trust which can benefit from the estate of the deceased person; or (g) the information relates to the position or functions of a person who is or was an officer of a public entity, including but not limited to— (i) the title, work address, work phone number and other similar particulars of the officer; and (ii) the classification, salary scale or remuneration and responsibilities of the position held or services performed by the officer; and (iii) the name of the individual on a record prepared by the officer in the course of employment; or (h) the information was given to an entity by the person to whom it relates and the person was informed by or on behalf of the entity, before it was given, that the information belongs to a class of information that would or might be made available to the public. 25 22 30 35 40 45 Protection of commercial information of third party and private entity (1) Subject to subsection (3), the information officer of an entity shall refuse a request for access to information of the entity if the information contains— (a) trade secrets of a third party; (b) financial, commercial, scientific or technical information that is proprietary to a third party, and the disclosure of which would be likely to cause harm to the commercial or financial interests of that third party; or (c) information supplied in confidence by a third party the disclosure of which could reasonably be expected— (i) to put that third party at a disadvantage in contractual or other negotiations; or (ii) to prejudice that third party in commercial competition. (2) Subject to subsection (3), the information officer of a private entity shall refuse a request for access to the information of the private entity which contains— (a) trade secrets of that private entity; (b) financial, commercial, scientific or technical information that is proprietary to that private entity, the disclosure of which would be likely to cause harm to the commercial or financial interests of that private entity; or 13