Section 16 Manual

4.9 Applications for review of decisions on requests to which section 29 applies

Section 29 is a statutory notification requirement which public bodies are required to observe in relation to the exemptions contained in section 26 (information obtained in confidence), section 27 (commercially sensitive information) and section 28 (personal information about a third party). In the case of each of these exemptions, the public body may grant a request if it is considered that the public interest is better served by granting than by refusing the request. However, any proposal to release such otherwise exempt material is expressed by the Act to be subject to the provisions of section 29. That section requires the public body to notify certain third parties that it is proposed to grant the request in the public interest and that the public body will consider any submissions from the third parties before deciding whether to grant or refuse the request. Detailed instructions are contained in Appendix 3 on how to decide whether a decision is one to which section 29 applies.

Back to contents