SECOND DRAFT
- 8 December 1999 (See OPD90)OPEN DEMOCRACY BILL [B 67—98]:
PROPOSED NEW PART TO PROVIDE FOR
ACCESS TO RECORDS OF PRIVATE BODIES
Long title:
On page 2, in the second line, to insert:
and any information held by another person and that is required for the exercise or protection any rights
Clause 1 (Definitions):
1. On page 10, from line 13, to omit paragraph (b) and to substitute:
{head of} a private body/person—
(i) in the case of a natural person who carries on a trade, business or profession, that natural person;
(ii) in the case of any other private body/person, the chief executive officer of the private body/person or the person who is acting as such;
2. On page 10, in lines 52 and 53, to omit the definition of "private body" and to substitute:
Option 1:
"private body/person" means—
(a) a natural person insofar as he or she carries on any trade, business or profession; or
(b) a partnership or a juristic person,
but excludes a governmental body;
Option 2:
"private body/person" means—
(a) if a natural person carries on any trade, business or profession, that natural person in such capacity; or
(b) a partnership or a juristic person,
but excludes a governmental body;
3. Include the following definitions of "request for access" and "requester":
"request for access", in relation to a private body/person means a request for access to a record of a private body/person in terms of section 1;
Option 1:
"requester", in relation to a private body/person, any person other than a governmental body or an employee thereof, making a request for access to a record of that private body/person;
Option 2:
"requester", in relation to a private body/person, any person including a governmental body or an employee thereof, making a request for access to a record of that private body/person;
4. Include the following definition of "third party":
"third party", in relation to a request for access to a record of a private body/person, means any person including a governmental body or an official thereof, other than the requester or a person acting on his or her behalf; # Or include Option 2 of s1 or s16(4)
Clause 3 (Objects):
On page 14, in lines 8 and 9, to omit paragraph (c) and to substitute:
(c) to give effect to the constitutional right of access to information held by a private body/person that is required for the exercise or protection of any rights subject to justifiable limitations;
Clause 5 (Guide):
On page 16, in line 14, to omit "containing personal information".
PART ...
ACCESS TO PRIVATE BODIES/PERSONS’ RECORDS
CHAPTER 1
GENERAL PROVISIONS
# Clauses to be renumbered and, where appropriate, integrated with the provisions regarding access to governmental records, when included in the Bill
Right of access to records of private bodies
Option 1:
1. Any person must be given access to any record of a private body if—
(a) that record is required for the exercise or protection of any rights;
(b) that person complies with the procedural requirements relating to a request for access to that record; and
(c) access to that record is not refused in terms of any ground for refusal [OR exemption] contemplated in Chapter 2 of this Part.
Option 2:
1. Any person must, on request, but subject to this Part, be given access to any record of a private body, including, but not limited to, a record containing personal information about that person, if—
(a) that record is required for the exercise or protection of any rights;
(b) that person complies with the procedural requirements relating to a request for access to that record; and
(c) access to that record is not refused in terms of any ground for refusal [OR exemption] contemplated in Chapter 2 of this Part.
Part applies to record whenever it came into existence
2. This Part applies to a record of a private body regardless of when the record came into existence.
Application of other legislation prohibiting or restricting disclosure
Option 1:
3.(1) Subject to section 5, this Part applies to the exclusion of any provision of other legislation that prohibits or restricts the disclosure of a record of a private body.
(2) For the purposes of subsection (1), the manner in which access to a record of a private body may be obtained, including, but not limited to, the payment of fees, must not be construed as a restriction as contemplated in that subsection.
Option 2:
3.(1) Subject to section 5, if any conflict arises between [any provision of] this Part and [any provision of] other legislation that prohibits or restricts the disclosure of a record of a private body, [the provision of] this Part prevails.
(2) For the purposes of subsection (1), the manner in which access to a record of a private body may be obtained, including, but not limited to, the payment of fees, must not be construed as a restriction as contemplated in that subsection.
Application of other legislation providing for access
Option 1 for section 4:
Option 1 for subsection (1):
4.(1) Nothing in this Part, except subsection (2), prevents the giving of access to a record of a private body in terms of any other law.
Option 2 for subsection (1):
4.(1) Nothing in this Part, except subsection (2), prevents the giving of access to a record of a private body otherwise than in terms of this Act if that is permitted or required by any other law.
(2) If the manner in which access may be given, including, but not limited to, the payment of fees, in terms of the other law referred to in subsection (1), is more onerous than access to that record would have been in terms of this Part, this Part applies to the exclusion of that other law.
(3) This Part does not apply to any record of a private body described in a list published by notice in the Gazette in terms of section 6(2). # Heading not appropriate for this subsection - adjust heading or insert in clause 6
Option 2 for section 4:
4. (1) This Part does not apply to a record of a private body if the record is—
(a) subject to subsections (2) and (3), accessible in accordance with any other legislation; or
(b) described in a list published by notice in the Gazette in terms of section 6(2).
(2) The Minister must—
(a) on a periodic basis not less frequently than once each two years; and
(b) in accordance with the prescribed criteria,
review the legislation contemplated in subsection (1)(a) in order to determine whether the manner in which access may be obtained to a record or, category of records, of a private body in terms of any legislation is more onerous than access to that record would have been in terms of this Part.
(3) If the Minister has determined in terms of subsection (2) that the manner in which access may be obtained to a record or, category of records, of a private body in terms of such legislation is more onerous than access to that record would have been in terms of this Act, the Minister must, by notice in Gazette, determine that this Act applies to such record or category of records.
Option 1:
Use of Part for criminal or civil discovery of private bodies’ records excluded
5.(1) A person may not request access to a record of a private body in terms of section 1 for the purpose of criminal or civil proceedings [after the institution/commencement of such proceedings] if the production of that record for that purpose is regulated by any other law.
Option 1 for subsection (2):
(2) Any record obtained in a manner that contravenes subsection (1) is not admissible as evidence in such criminal or civil proceedings unless the exclusion of such record would be detrimental to the administration of justice.
Option 2 for subsection (2):
(2) Any person that contravenes subsection (1) is guilty of an offence and is, on conviction liable to imprisonment for a period of ... or a fine.
Option 2 - Phrased as an exemption to be included in Chapter 2 below:
Criminal or civil discovery
The head of a private body may refuse a request for access to a record of a private body if—
(a) the record is required for the purpose of criminal or civil proceedings; and
(b) the production of that record for that purpose is regulated by any other law.
Voluntary disclosure of certain records
6.(1) [This section only applies to private bodies which are juristic persons.] # Omit if definition read as set out above
Option 1 for subsection (2):
(2) The head of a private body may, on a periodic basis, submit to the Minister a list which describes—
(a) the kinds of records of the private body that are available without a person having to request access in terms of this Part; and
(b) how to obtain access to such records.
Option 2 for subsection (2):
(2) The head of a private body may, on a periodic basis, submit to the Minister a list which describes—
(a) the kinds of records of the private body that are available without a person having to request access in terms of this Part—
(i) for inspection in terms of legislation other than this Act;
(ii) for purchase or copying from the private body;
(iii) from the private body free of charge; and
(b) specify how to obtain access to such records.
(3) The Minister may, if appropriate, publish by notice in the Gazette any list so submitted.
(4) The only fee payable (if any) for access to a record described in a list so published is a prescribed fee for reproduction.
Manual
7.(1) [This section only applies to private bodies which are juristic persons.] # Omit if definition read as set out above
(2) Within 12 months after the commencement of this section or the coming into existence of the private body concerned, the head of a private body must compile a manual containing—
(a) the postal and street address, phone and fax number and, if available, electronic mail address of the head of the body;
(b) a summary of the guide referred to in section 5, prepared by the Human Rights Commission, and how to obtain access to it;
(c) the latest list published in terms of section 6(2);
(d) a description of the records of the body which are available in accordance with any other legislation;
(e) in sufficient detail to facilitate a request for access to, and for correction of personal information in, a record of the body, a description of the subjects on which the body holds records and the categories of records held on each subject;
(f) such other information as may be prescribed.
(3) The head of a private body must on a regular basis update the manual referred to in subsection (2).
(4) Each manual must be made available as prescribed.
(5) For security, administrative or financial reasons, the Minister may, on request or of his or her own accord by notice in the Gazette, exempt any private body or category of private bodies from any provision of this section for such period as the Minister thinks fit.
Form of request and assistance
# Provide for a prescribed form?
8.(1) A request for access to a record of a private body must—
(a) be made in writing to the head of the private body concerned at his or her address, fax number or electronic mail address;
(b) provide sufficient particulars to enable the head of the private body to identify the record requested;
(c) specify a phone number in the Republic and a postal address, fax number or electronic mail address for the requester; and
(d) identify the right the requester is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.
(2) ... # Assistance - nature? Eg completion of form; direction to correct private body (if known)?
Decision on request
9. (1) Subject to Chapter 3 of this Part, the head of the private body to whom the request is made must, as soon as reasonably possible, but in any event, within 30 days, after the request has been received—
(a) decide in accordance with this Part whether to grant the request; and
(b) notify the requester of the decision.
(2) If the request for access is granted, the notice in terms of subsection (1)(b) must state—
(a) the access fee (if any) to be paid upon access; and
(b) the form in which access will be given.
Option 1 for subsection (3):
(3) If the request for access is refused, the notice in terms of subsection (1)(b) must state—
(a) the findings on all material questions of fact, referring to the material on which those findings were based;
(b) the reasons for the refusal (including the provisions of this Part relied upon to justify the refusal) in such manner as to enable the requester—
(i) to understand the justification for the refusal; and
(ii) to make an informed decision about whether to utilise any remedy in law available to the requester.
Option 2 for subsection (3):
(3) If the request for access is refused, the notice in terms of subsection (1)(b) must state the reasons for the refusal.
Option 3 for subsection (3):
(3) If the request for access is refused, the notice in terms of subsection (1)(b) must state the reasons for the refusal in such manner as to enable the requester—
(a) to understand the justification for the refusal; and
(b) to make an informed decision about whether to utilise any remedy in law available to the requester.
(4) If the head of a private body fails to give his or decision on a request for access to a record of the body within the period contemplated in subsection (1), the head is, for the purposes of this Act, regarded as having refused the request.
(5) In awarding costs in any court proceedings pursuant to a request regarded, in terms of subsection (4), as having been refused, the relevant court may take into account the failure of the head of the private body concerned to give his or her decision within the required period.
Extension of period to deal with request
10. (1) The head of a private body to whom a request for access has been made, may extend the period of 30 days referred to in section 9(1) (in this section referred to as the "original period") once for a further period of not more than 30 days, if—
Option 1:
(a) the request is for a large number of records or requires a search through a large number of records and compliance with the original period would unreasonably interfere with the activities of the private body concerned;
(b) the request requires a search for records in, or collection thereof from, an office of the private body not situated in the same town or city as the office of the head that cannot reasonably be completed within the original period;
(c) both the circumstances contemplated in paragraphs (a) and (b) exist in respect of the request making compliance with the original period not reasonably possible.
Option 2:
there exists reasonable grounds for such extension.
(2) If a period is extended in terms of subsection (1), the head of the private body must, as soon as reasonably possible, but in any event, within 30 days, after the request is received, notify the requester of that extension, the period of the extension and the reasons for the extension.
Records that cannot be found or do not exist
11.(1) The head of a private body may notify a requester that it is not possible to give access to a record if—
(a) all reasonable steps have been taken to find the record requested; and
(b) there is reasonable grounds for believing that the record—
(i) is in the private body’s possession but cannot be found; or
(ii) does not exist.
(2) The notice referred to in subsection (1) must give a full account of all steps taken to find the record in question or to determine whether the record exists, as the case may be, including all communications with every person who conducted the search on behalf of the head.
(3) For the purposes of this Act, the sending of a notice in terms of subsection (1) is to be regarded as a decision to refuse a request for access to the record concerned.
Severability
12. (1) If a request for access to a record of a private body containing information which is required or permitted by Chapter 2 of this Part, to be refused, is made, every part of the record which—
(a) does not contain; and
(b) can reasonably be severed from any part that contains,
any such information must, despite any other provision of this Part, be disclosed.
(2) If a request for access to—
(a) a part of a record is granted; and
(b) the other part of the record is refused,
as contemplated in subsection (1), the provisions of section 9(2), apply to paragraph (a) of this section and the provisions of section 9(3) to paragraph (b) of this section.
Form of access and access fee
13. (1) If access is granted to a record of a private body, the head of that body must, as soon as reasonably possible after notification in terms of section 9, give access in—
(a) such form as the requester reasonably requires; or
(b) if no specific form of access is required by the requester, such form as the head reasonably determines.
(2) A requester whose request for access to a record of a private body has been granted must pay the prescribed access fee for reproduction and for search and preparation of the record (if any).
(3) The head of the private body may defer access to a record of the body until the applicable access fee is paid by the requester concerned.
CHAPTER 2
GROUNDS FOR REFUSAL OF ACCESS TO RECORDS [or EXEMPTIONS]
Interpretation
14. A provision of this Chapter in terms of which a request for access to a record is required or permitted to be refused, must not be construed as—
(a) limited in its application in any way by any other provision of this Chapter in terms of which a request for access to a record is required or permitted to be refused; and
(b) not applying to a particular record by reason that another provision of this Chapter in terms of which a request for access to a record is required or permitted to be refused, also applies to that record.
Mandatory protection of privacy
Option 1 for section 15:
Option 1 for subsection (1):
15. (1) The head of a private body must refuse a request for access to a record of the body if its disclosure would constitute an unreasonable invasion of the privacy of an identifiable person (including an individual who died less than 20 years before the request is received [OR a deceased individual]) other than the requester concerned. # Omit highlighted words if subsection (4) or Option 2 of section 1 is included.
Option 2 for subsection (1):
(1) Subject to subsection (2), the head of a private body must refuse a request for access to a record of the body if its disclosure would involve the unreasonable disclosure of personal information about any person, including a deceased individual. # Retain existing definition of "personal information": information about an identifiable person OR include following detailed definition: ...
"personal information" means information about an identifiable individual, including, but not limited to—
but excludes information about an individual who has been dead for more than twenty years;
(2) A record may not be refused in terms of subsection (1) insofar as it consists of information—
(a) about a person that has, in terms of section 24(3)(b), consented to its disclosure to the requester concerned; # Wording implies that, despite consent the record may still be refused i t o another exemption. Alternatively, it may be included as a separate subclause that states that the head must disclose it if person consents.
(b) already publically available;
(c) that was given to the private body by the person to whom or which it relates and the person was informed by or on behalf of the private body, before its being given, that the information belongs to a class of information that would or might be made available to the public;
(d) about an individual’s physical or mental health, or well-being, who is under the care of the requester and who is—
(i) under the age of 18 years; or
(ii) incapable of understanding the nature of the request,
and if giving access would be in the individual’s best interests; # Use "process" similar to one in subsection (5) to (7) below?
(e) about an individual who is deceased and the requester is the individual’s next of kin.
(3) In subsection (2)(e) "individual’s next of kin" means—
(a) an individual to whom the individual was married, with whom the individual lived as if they were married or with whom the individual cohabited, # Duplication - omit? immediately before the individual’s death;
(b) a parent, child, brother or sister of the individual; or
(c) if—
(i) there is no next of kin referred to in paragraphs (a) and (b); or
(ii) the requester concerned took all reasonable steps to locate such next of kin, but was unsuccessful,
an individual who is related to the individual in the second degree of affinity or consanguinity.
(4) Subject to subsections (5) to (7), the provisions of subsections (1) to (3) do not apply to a request for access by a person, or any person acting on behalf of that person, to a record by reason only of the inclusion in the record of information relating to the first-mentioned person.
# Provisions similar to subsection (5) to (7) below (for state records) in Australia (Fed): s41(3) to (8); Ireland: s28(3) & (4); Queensland: s44(3) & (4) & Western Australia: s28
(5) The head of a private body may refuse a request for access to a record of the body about the requester’s physical or mental health, or well-being, and which was provided by a health practitioner in his or her capacity as such if—
(a) the head has disclosed the record to, and consulted with, a health practitioner who—
(i) carries on an occupation of the same kind as the health practitioner who provided the record; and
(ii) has been nominated by the requester or his or her authorised representative; and
(b) the health practitioner so consulted is of the opinion that the disclosure of the record to that requester would be likely to cause serious harm to his or her physical or mental health, or well-being.
(6) If the requester is—
(a) under the age of 16 years, a person having parental responsibilities for the requester must make the nomination contemplated in subsection (5)(b)(ii); or
(b) incapable of managing his or her affairs, a person appointed by the court to manage those affairs must make that nomination.
(7) In this section "health practitioner" means an individual who carries on, and is registered in terms of legislation to carry on, an occupation which involves the provision of care or treatment for the physical or mental health or for the well-being of individuals.
Mandatory protection of third party commercial information
16. (1) The head of a private body must refuse a request for access to a record of the body if the record contains—
(a) trade secrets of a third party;
Option 1 for paragraphs (b) and (c):
(b) financial, commercial, scientific or technical information, other than trade secrets, of a third party, the disclosure of which could reasonably be expected to cause unreasonable harm to the commercial or financial interests of that third party; or
(c) information supplied by a third party the disclosure of which would be likely [OR could reasonably be expected] to—
(i) put that third party at an [unfair] disadvantage in contractual or other negotiations; or
(ii) [unfairly] prejudice that third party in commercial competition;
Option 2 - combine paragraphs (b) and (c):
(b) any other information having a commercial value the disclosure of which could reasonably be expected to—
(i) put a third party at an [unfair] disadvantage in contractual or other negotiations;
(ii) [unfairly] prejudice a third party in commercial competition; or
(iii) otherwise cause unreasonable harm to the commercial or financial interests of a third party;
Option 1 for (d):
(d) the results of original research undertaken by a third party [and not yet published] the disclosure of which could reasonably be expected to deprive that body or employee of the benefit of first publication of those results.
Option 2 for (d):
(d) information about research being or to be carried out by or on behalf of a third party, the disclosure of which would be likely unreasonably to expose—
(i) the third party;
(ii) a person that is or will be carrying out the research on behalf of the third party; or
(iii) the subject-matter of the research,
to [serious] disadvantage.
Option 3 for (d):
(d) information about the purpose or results of research (including research that is yet to be started or finished), the disclosure of which could reasonably be expected to have an adverse effect on the third party or a person that is or will be carrying out the research.
(2) A record may not be refused in terms of subsection (1) insofar as it consists of information about—
(a) a third party who has, in terms of section 22(2)(b) consented to its disclosure to the requester concerned; # See comment on s14(2) above
(b) the results of any [product or environmental] testing or other investigation supplied by [AND/OR carried by or on behalf of] a third party and its disclosure would reveal a [serious] public safety or environmental risk.
(3) For the purposes of subsection (2)(b), the results of any [product or environmental] testing or other investigation do not include the results of preliminary testing or other investigation conducted for the purpose of developing methods of testing or other investigation.
(4) Subsection (1) does not apply to a request for access by a person, or a person acting on behalf of that person to a record by reason only of the inclusion in the record of information contemplated in subsection (1) that relates to that person. # See definition of "third party"
Confidential communications
17. The head of a private body may refuse a request for access to a record of a body if its disclosure would found an action for breach of confidence.
Safety of individuals and security of structures and systems
Option 1:
18. The head of a private body may refuse a request for access to a record of the body if its disclosure would be likely [OR could reasonably be expected] to—
(a) endanger the life or physical safety of an individual; or
(b) prejudice or impair the security of a building or other structure or system, including, but not limited to, a computer or communication system.
Option 2:
The head of a private body—
(a) must refuse a request for access to a record of the body if its disclosure would be likely [OR could reasonably be expected] to endanger the life or physical safety of an [identifiable] individual; or
(b) may refuse a request for access to a record of the body if its disclosure would be likely [OR could reasonably be expected] to prejudice or impair the security of a building or other structure or system, including, but not limited to, a computer or communication system.
Privileged from production in legal proceedings
19. The head of a private body must refuse a request for access to a record of the body if the record is privileged from production in legal proceedings.
Commercial information of private body
20.(1) The head of a private body may refuse a request for access to a record of the body if the record contains—
(a) trade secrets of the private body;
(b) financial, commercial, scientific or technical information, other than trade secrets, the disclosure of which could reasonably be expected to cause harm to the commercial or financial interests of the private body;
(c) information the disclosure of which would be likely [OR could reasonably be expected] to—
(i) put the private body at an [unfair] disadvantage in contractual or other negotiations; or
(ii) [unfairly] prejudice the private body in commercial competition;
Option 2 - combine paragraphs (b) and (c):
(b) any other information having a commercial value the disclosure of which could reasonably be expected to—
(i) put the private body at an [unfair] disadvantage in contractual or other negotiations;
(ii) [unfairly] prejudice the private body in commercial competition; or
(iii) otherwise cause unreasonable harm to the commercial or financial interests of the private body;
Option 1 for (d):
(d) the results of original research undertaken by an employee of the private body [not yet published] the disclosure of which could reasonably be expected to deprive that body or employee of the benefit of first publication of those results.
Option 2 for (d):
(d) information about research being or to be carried out by or on behalf of the private body, the disclosure of which would be likely unreasonably to expose—
(i) the private body;
(ii) a person that is or will be carrying out the research on behalf of the private body; or
(iii) the subject-matter of the research,
to [serious] disadvantage.
Option 3 for (d):
(d) information about the purpose or results of research (including research that is yet to be started or finished), the disclosure of which could reasonably be expected to have an adverse effect on the private body or a person that is or will be carrying out the research.
(2) A record may not be refused in terms of subsection (1) insofar as it consists of information about the results of any [product or environmental] testing or other investigation carried out by the private body and its disclosure would reveal a [serious] public safety or environmental risk.
(3) For the purposes of subsection (2), the results of any [product or environmental] testing or other investigation do not include the results of preliminary testing or other investigation conducted for the purpose of developing methods of testing or other investigation.
Mandatory disclosure
21. Despite any other provision of this Part, the head of a private body must grant a request for access to a record of the body contemplated in section 15(1) or (5) {privacy}, 16(1) {third party’s commercial information}, 18 [safety] or 20(1) {body’s commercial information}, if the disclosure of the record would reveal evidence of —
(a) a contravention of, or failure to comply with, the law;
(b) miscarriage of justice; or
(b) an imminent [and serious] public safety or environmental risk. # See definition of "public safety or environmental risk" in clause 1 of the Bill.
CHAPTER 3
THIRD PARTY NOTIFICATION
Notice to third parties
22. (1) The head of a private body considering a request for access to a record that might be a record contemplated in section 15, 16 or 17 {# limit to 15(1) or 16(1)?}, must take all reasonable [OR necessary] steps to inform a third party to whom or which the record relates of the request.
(2) The head must inform a third party in terms of subsection (1)—
(a) as soon as reasonably possible, but in any event, within 21 days after that request is received; and
(b) by the fastest means reasonably possible.
(3) When informing a third party in terms of subsection (1), the head must—
(a) state that he or she is considering a request for access to a record that might be a record contemplated in section 15, 16 or 17, as the case may be, and describe the content of the record;
(b) furnish the name of the requester if the requester consents thereto, or in the absence of such consent, state the purpose for which the record is requested;
(c) describe the provisions of section 15, 16 or 17, as the case may be;
(d) in any case where the head believes that the provisions of section 21 might apply, describe those provisions, specify which of the circumstances referred to in section 21 in the opinion of the head might apply and state the reasons why he or she is of the opinion that section 21 might apply; and
(e) state that the third party may, within 21 days after the third party is informed—
(i) make written or oral representations to the head why the request for access should be refused; or
(ii) give written consent for the disclosure of the record to the requester.
(4) If a third party is not informed in writing of a request for access in terms of subsection (1), the head must give a written notice stating the matters referred to in subsection (3) to the third party.
Representations by third parties
23. (1) A third party that is informed in terms of section 22(1) of a request for access, may, within 21 days after being so informed—
(a) make written or oral representations to the head concerned why the request should be refused; or
(b) give written consent for the disclosure of the record to the requester concerned.
(2) A third party that obtains knowledge about a request for access other than in terms of section 22(1) may—
(a) make written or oral representations to the head concerned why the request should be refused; or
(b) give written consent for the disclosure of the record to the requester concerned.
Decision on representations for refusal and notice thereof
24. (1) The head of a private body must, as soon as reasonably possible, but in any event within 30 days after every third party is informed as required by section 22—
(a) decide, after giving due regard to any representations made by a third party in terms of section 23, whether to grant the request for access; and
(b) notify the third party so informed and a third party not informed in terms of section 22, but that made representations in terms of section 23 or is located before the decision is taken, of the decision.
(2) If, after all reasonable [OR necessary] steps have been taken as required by section 22, a third party is not informed of a request, any decision whether to grant the request for access must be made with due regard to the fact that the third party did not have the opportunity to make representations in terms of section 23 why the request should be refused.
(3) If the request for access is granted, the notice in terms of subsection (1)(b) must state—
[(a) the findings on all material questions of fact, referring to the material on which those findings were based; and
(b)] the reasons for granting the request (including the provisions of this Act relied upon to justify the granting) in such manner as to enable the third party—
(i) to understand the justification for the granting of the request; and
(ii) to make an informed decision about whether to utilise any remedy in law available to the third party.
# Deferment of access in case of court appeals/applications?
# Require reporting to Human Rights Commission and report by Commission to Parliament?