Disclosing trade secrets, business affairs or research
7 Disclosing trade secrets, business affairs or research
Disclosure of the information could reasonably be expected to cause a public interest harm because—
disclosure of the information would disclose trade secrets of an agency or another person;
or
disclosure of the information—
would disclose information (other than trade secrets) that has a commercial value to an agency or another person; and
could reasonably be expected to destroy or diminish the commercial value of the information; or
disclosure of the information—
would disclose information (other than trade secrets or information mentioned in paragraph (b)) concerning the business, professional, commercial or financial affairs of an agency or another person; and
could reasonably be expected to have an adverse effect on those affairs or to prejudice the future supply of information of this type to government.
However, subsection (1) does not apply if what would be disclosed concerns only the business, professional, commercial or financial affairs of the person by whom, or on whose behalf, an application for access to the document containing the information is being made.
Disclosure of the information could reasonably be expected to cause a public interest harm because disclosure—
would disclose the purpose or results of research, whether the research is yet to be started, has started but is unfinished, or is finished; and
could reasonably be expected to have an adverse effect on the agency or other person by whom, or on whose behalf, the research is intended to be, is being, or was, carried out.
However, subsection (3) does not apply if what would be disclosed concerns only research that is intended to be, is being, or was, carried out by the agency or other person by whom, or on whose behalf, an application for access to the document containing the information is being made.
This Act’s bill:Explanatory memorandumSecond reading speech
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