Freedom of Information

27

Protection of defence, security and international relations of State

(1) An information officer may refuse a request for access to information of
an entity if the disclosure of the information—
(a) is likely to cause prejudice to—
(i) the defence or security of the State;
(ii) subject to subsection (3), the international relations of the State; or
(b) would disclose information—
(i) supplied in confidence by or on behalf of another State or an
international organisation; or
(ii) supplied by or on behalf of the State to another state or an international
organisation in terms of an arrangement or international agreement
with that state or organisation which requires the information to be
held in confidence; or
(iii) required to be held in confidence by an international agreement or
in accordance with customary international law.
(2) Without limiting the generality of subsection (1), information referred to
in that subsection shall include information—
(a) relating to military tactics or strategy or military exercises or operations
undertaken in preparation for hostilities or in connection with the
detection, prevention, suppression or curtailment of subversive or hostile
activities;
(b) relating to the quantity, characteristics, capabilities, vulnerabilities or
deployment of—
(i) weapons or any other equipment used for the detection, prevention,
suppression or curtailment of subversive or hostile activities; or
(ii) anything being designed, developed, produced or considered for
use as weapons or such other equipment;
(c) relating to the characteristics, capabilities, vulnerabilities, performance,
potential, deployment or functions of—
(i) any military force, unit or personnel; or
(ii) any body or person responsible for the detection, prevention,
suppression or curtailment of subversive or hostile activities;
(d) held for the purpose of intelligence relating to—
(i) the defence of the State; or
(ii) the detection, prevention, suppression or curtailment of subversive
or hostile activities; or
(iii) another state or an international organisation used by or on behalf
of the State in the process of deliberation and consultation in the
conduct of international affairs;
(e) on methods of, and scientific or technical equipment for, collecting,
assessing or handling information referred to in paragraph (d);
(f) on the identity of a confidential source or any other source of information
referred to in paragraph (d);
(g) on the positions adopted or to be adopted by the State, any other state or
an international organisation for the purpose of present or future international negotiations; or
(h) that constitutes diplomatic correspondence exchanged with another state
or an international organisation or official correspondence exchanged with
diplomatic missions or consular posts of the State.
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