Deputy Chairman, Law Development Commission, Zimbabwe. Email : ldc@gta.gov.zw CHAPTER 10:27 ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT Acts 5/2002, 5/2003, 21/2004, 20/2007. Section 1. Sht title. 2. Interpretation. 3. Application of Act in relation to other laws. 4. General application of Act. ARRANGEMENT OF SECTIONS PART I PRELIMINARY PART II ACCESS TO INFORMATION 5. Right to infmation. 6. Request f recd. 7. Fees f access to recds and related services by public body. 8. Duty to assist applicants. 9. Contents of response. 10. Access to infmation. 11. Extension of time limit f responding. 12. Transfer of request. 13. Delegation by head of public body. PART III PROTECTED INFORMATION 14. Protection of deliberations of Cabinet and local government bodies. 15. Protection of advice relating to policy. 16. Protection of infmation subject to client-attney privilege. 17. Protection of infmation whose disclosure will be harmful to law enfcement process and national security. 18. Protection of infmation relating to inter-governmental relations negotiations. 19. Protection of infmation relating to the financial economic interests of public body the State. 20. Protection of research infmation. 21. Protection of infmation relating to conservation of heritage sites. 22. Protection of infmation relating to personal safety. 23. Infmation otherwise available to the public. 24. Protection of infmation relating to business interests of a third party. 25. Protection of infmation relating to personal privacy. PART IV INFORMATION PERTAINING TO THIRD PARTIES 26. Requirement to notify third party. 27. Time limit to give notice of decision. 28. Infmation to be disclosed if in the public interest. PART V COLLECTION, PROTECTION AND RETENTION OF PERSONAL INFORMATION BY PUBLIC BODIES 29. Purposes f which personal infmation may be collected. 30. Collection of personal infmation. 31. Accuracy of personal infmation. 32. Right to request crection of personal infmation. 33. Protection of personal infmation. 34. Retention of personal infmation.
35. Penalty f deliberately falsifying personal infmation. 36. Use of personal infmation. 37. Disclosure f archival histical purposes. PART VI USE AND DISCLOSURE OF PERSONAL INFORMATION BY PUBLIC BODIES PART VII ZIMBABWE MEDIA COMMISSION 38. Establishment and composition of Zimbabwe Media Commission. 39. Functions of Zimbabwe Media Commission. 40. [Repealed]. 41. Financial and miscellaneous provisions relating to Commission. 42. Annual rept of Commission. PART VIIA MEDIA COUNCIL 42A. Constitution of Media Council. 42B. Code of conduct and ethics of journalists and mass media services and resolution of breaches thereof. 42C. Taking of evidence by Council. 42D. Powers of Council. 42E. Appeals from decisions of Commission. 42F. Enfcement of ders of Commission. 42G. Penalty f contravention of decisions ders of Commission. 42H. Council to keep recds. PART VIII MEDIA AND INFORMATION FUND 43. Establishment and vesting of Media and Infmation Fund. 44. Objects of Fund. 45. Moneys of Fund. 46. Levies. 47. Holding of Fund. 48. Financial year of Fund. 49. Accounts and audit of Fund. PART IX FURTHER POWERS OF COMMISSION 50. Power of Commission to conduct investigations, audits inquiries. 51. Restrictions on disclosure of infmation by Commission and staff. 52. Delegation of powers by Commission. 52A. Power of Commission to issue ders. 52B. Determinations and inquiries by Commission. 53. Right to request a review. 54. Procedure f seeking review. 55. Notice of review. 56. [Repealed]. 57. Onus of proof. 58. [Repealed]. 59. [Repealed]. 60. [Repealed]. 61. [Repealed]. PART X REVIEWS BY COMMISSION
PART XI REGULATION OF MASS MEDIA SERVICES 62. [Repealed]. 63. Application of Part XI. 64. Abuse of freedom of expression. 65. Restriction on ownership of mass media service. 66. Registration of mass media services. 66A. Renewal of registration of mass media service 67. Notification of changes. 68. Exemption from registration. 69. Refusal of registration of mass media service. 70. Registration fee. 71. Suspension, cancellation and enfcement of registration certificates. 72. Penalties f operating mass media service without registration certificate. 73. [Repealed]. 74. News agencies. 75. Publisher's imprint. 76. Deposit copies. 77. Obligaty repts. PART XII JOURNALISTS 78. Privileges of accredited journalists. 79. Accreditation of journalists. 80. Abuse of journalistic privilege. 81. [Repealed] 82. Roll of accredited journalists. 83. [Repealed]. 84. Evidence and duration of accreditation of journalists. 85. [Repealed]. 86. Crection of untruthful infmation. 87. Manner in which crection is to be made. 88. Grounds f the refusal of crection. 89. Right of reply. 90. Representative offices of feign mass media services. 90A. Appeals to Administrative Court. 90B. Offences and penalties. 91. Regulaty powers of Commission. 92. Amendment of section 4 of Cap. 11:09. 93. Transitional provisions. PART XIII GENERAL PROVISIONS SCHEDULES First Schedule: Recds excluded from application of Act. Second Schedule: Public bodies and heads of public bodies. Third Schedule: Ancillary powers of Commission. Fourth Schedule: Provisions applicable to Commission. Fifth Schedule: Financial and miscellaneous provisions relating to Commission. AN ACT to provide members of the public with a right of access to recds and infmation held by public bodies; to make public bodies accountable by giving the public a right to request crection of misrepresented personal infmation; to prevent the unauthised collection, use disclosure of personal infmation by public bodies; to protect personal privacy; to provide f the regulation of the mass media; to establish a Media and Infmation Commission and to provide f matters connected therewith incidental to the fegoing. [Date of commencement : 15th March, 2002.]
PART I PRELIMINARY 1 Sht title This Act may be cited as the Access to Infmation and Protection of Privacy Act [Chapter 10:27]. 2 Interpretation (1) In this Act accredited means accredited in terms of section 79; [Definition inserted by section 2 of Act 20 of 2007] applicant means a person requesting access in terms of section six to a recd infmation held by a public body; code means the code of conduct and ethics f journalists and mass media services developed in terms of section 42B(1); [Definition inserted by section 2 of Act 20 of 2007] Commission means the Zimbabwe Media Commission established by section 38; [Definition substituted by section 2 of Act 20 of 2007] Committee on Standing Rules and Orders means the Committee of Parliament referred to in section 57(2) of the Constitution; [Definition inserted by section 2 of Act 20 of 2007] controlling interest, in relation to a mass media service company, means (a) the majity of the shares in the company; (b) shares representing me than half the share capital of the company; (c) shares of a value in excess of half the share capital of the company; (d) shares entitling the holder holders thereof to a majity preponderance of votes in the affairs of the company; Council means the Media Council constituted in terms of section 42A; [Definition inserted by section 2 of Act 20 of 2007] dissemination, in relation to any mass media product, includes the sale, subscription, delivery, diffusion distribution of periodically printed publications, audio-recded programmes, electronically distributed infmation teletext programmes; [Definition inserted by section 2 of Act 5 of 2003] excluded infmation means recds excluded from the application of this Act in terms of section four; Fund means the Media and Infmation Fund established by section fty-three; head, in relation to a public body, means (a) the person designated as the head of a public body in the second column of the Second Schedule; (b) any other person whom the Minister may, from time to time, designate as the head of a public body f the purposes of this Act; injurious allegation means an allegation which (a) (b) is false; unlawfully infringes a person s dignity, reputation privacy; [Definition inserted by section 2 of Act 20 of 2007] journalist means a person who gathers, collects, edits prepares news, sties, materials and infmation f a mass media service, whether as an employee of the service as a freelancer; [Definition inserted by section 2 of Act 5 of 2003] journalistic privilege means the rights and privileges attaching to the profession of journalism, including, but not limited to, the privileges of an accredited journalist referred to in section 78; [Definition inserted by section 2 of Act 20 of 2007] judicial administration recd means a recd containing infmation relating to a presiding officer a justice of the peace, including (a) scheduling of presiding officers and trials; (b) the content of judicial training programmes; (c) statistics of judicial activity prepared by f a judge; law enfcement includes (a) policing, including criminal intelligence operations; (b) investigations that lead to a penalty sanction being imposed; (c) proceedings that result in a penalty sanction being imposed; (d) control of immigration; (e) national defence and security; (f) maintenance of public der;
legal representative means (a) the liquidat of a company; (b) the representative recognised by law of any person who has died, become insolvent bankrupt assigned his estate, is an infant a min, is of unsound mind is otherwise under a disability; [Definition substituted by section 2 of Act 5 of 2003] local government body means (a) a municipality as defined in the Urban Councils Act [Chapter 29:15]; (b) a council as defined in the Rural District Councils Act [Chapter 29:13]; (c) a catchment council subcatchment council established in terms of the Water Act [Chapter 20:24]; (d) a board of cemetery trustees established under the Cemeteries Act [Chapter 5:04]; (e) any board, committee, commission, panel, agency cpation that is created owned by a body referred to in paragraphs (a) to (d) and all the members officers of which are appointed chosen by under the authity of that body; mass media means (a) newspapers, magazines, and other periodically printed publications; and (b) a broadcasting service as defined in the Broadcasting Services Act [Chapter 12:06], insofar as such service employs a journalist requiring to be accredited in terms of section 79; which are intended to be read, seen heard, as the case may be, by an unlimited number of people; [Definition substituted by section 2 of Act 20 of 2007] mass media owner means (a) in the case of a mass media service company, the person who holds a controlling interest in the company; (b) in the case of a mass media service that is not a company, the person who owns co-owns the service; mass media product means (a) (b) a separate issue of a newspaper, magazine other periodically printed publication; and a programme broadcast by a broadcasting service as defined in the Broadcasting Services Act [Chapter 12:06]; [Definition substituted by section 2 of Act 20 of 2007] mass media service means any service that produces mass media products, whether not it also disseminates them; [Definition inserted by section 2 of Act 5 of 2003] mass media trainer means a person who teaches qualifies to teach journalism mass media studies at a tertiary educational institution; [Definition substituted by section 2 of Act 20 of 2007] Minister means the Minister responsible f infmation and publicity any other Minister to whom the President may, from time to time, assign the administration of this Act; National Archives means the National Archives of Zimbabwe established in terms of the National Archives of Zimbabwe Act [Chapter 25:06]; national event means any event occasion described as a such by the Minister by notice published in the Gazette by advertisement in any mass media; [Definition inserted by section 2 of Act 20 of 2007] news agency means an ganisation that collects and prepares news repts f sale and distribution to the mass media mass media services; [Definition inserted by section 2 of Act 20 of 2007] periodically printed publication means a regular newspaper, magazine journal, bulletin any other publication with a constant name; [Definition inserted by section 2 of Act 5 of 2003] personal infmation means recded infmation about an identifiable person, and includes (a) the person's name, address telephone number; (b) the person's race, national ethnic igin, colour, religious political beliefs associations; (c) the person's age, sex, sexual ientation, marital status family status; (d) an identifying number, symbol other particulars assigned to that person; (e) fingerprints, blood type inheritable characteristics; (f) infmation about a person s health care histy, including a physical mental disability; (g) infmation about educational, financial, criminal employment histy; (h) anyone else s opinions about the individual; and (i) the individual s personal views opinions, except if they are about someone else;
(j) personal crespondence, home and family; personal infmation bank means a collection of personal infmation that is ganised retrievable by the name of an individual by an identifying number, symbol other particular assigned to that individual and includes personal images; prescribe means prescribe by regulations made in terms of section ninety-one; press card means a document issued to a journalist in terms of section seventy-nine; public body means any body prescribed as a public body in terms of the first column of the Second Schedule to this Act. public event means any event meeting which the public any section of the public, is permitted to attend, whether on payment otherwise; [Definition inserted by section 2 of Act 20 of 2007] recd includes books, documents, maps, drawings, photographs, letters, vouchers, papers and any other thing on which infmation is recded sted by graphic, electronic, mechanical other means, but does not include a computer programme any other mechanism that produces recds; responsible person, in relation to a mass media service, means the person who discharges the functions of a chief executive officer of that service, by whatever name title that person may be described; [Definition inserted by section 2 of Act 20 of 2007] third party, in relation to a request f access to a recd f crection of personal infmation, means any person, group of persons ganisation other than the person who made the request; trade secret means infmation, including a fmula, pattern, compilation, programme, device, product, method, technique process, that is used, may be used, in business f any commercial advantage and (a) derives independent economic value, actual potential, from not being generally known to the public to other persons who can obtain economic value from its disclosure use; and (b) is the subject of reasonable effts to prevent it from becoming generally known; and (c) the disclosure of which would result in harm improper benefit. (2) Where a mass media owner does not manage the mass media service of which he is the owner, any reference to a mass media owner in sections fty-six, sixty-six, sixty-seven, seventy-one, seventy-three and eighty-six shall be construed as a reference to the mass media service. 3 Application of Act in relation to other laws (1) This Act shall apply to matters relating to access to infmation, protection of privacy and the mass media and shall be construed as being in addition to and not in substitution f any other law which is not in conflict inconsistent with this Act. (2) If any other law relating to access to infmation, protection of privacy and the mass media is in conflict inconsistent with this Act, this Act shall prevail. 4 General application of Act (1) This Act shall apply to all recds in the custody under the control of a public body, but shall not include the recds listed in the First Schedule. (2) This Act shall not limit the infmation available by law to a party to a legal proceeding. PART II ACCESS TO INFORMATION 5 Right to infmation (1) Subject to section ten, every person shall have a right of access to any recd, including a recd containing personal infmation, that is in the custody under the control of a public body: Provided that such access shall not extend to excluded infmation. (2) Where infmation can be extracted from a recd that contains excluded infmation, an applicant may have access to the part of the recd that is not excluded infmation. (3) Nothing contained in this Act shall confer any rights to infmation to a recd to (a) a person who is not a citizen of Zimbabwe, is not regarded as permanently resident in Zimbabwe by virtue of the Immigration Act [Chapter 4:02], is not the holder of a tempary employment residence permit students permit issued in terms of that Act; (b) any mass media service which is not registered in terms of this Act, to a broadcaster who is not registered in terms of the Broadcasting Services Act [Chapter 12:06]; and (c) any feign state agency thereof.
6 Request f recd An applicant who requires access to a recd that is in the custody control of a public body shall make a request, in writing, to the public body, giving adequate and precise details to enable the public body to locate the infmation so requested. 7 Fees f access to recds and related services by public body Subject to any exemption prescribed under this Act any other enactment, an applicant shall be required to pay such fee as may be so prescribed f (a) obtaining access to any recd; and (b) any service rendered in connection with the provision of access to any recd by the public body concerned. 8 Duty to assist applicants (1) The head of a public body shall take every reasonable step to assist an applicant and shall, subject to section eleven twelve, respond as soon as is reasonably possible in the circumstances, but not later than thirty days, to each request f access to a recd. (2) Where necessary, the head of a public body shall create a recd f an applicant if (a) the recd can be created from a machine readable recd in the custody under the control of the public body using its nmal computer hardware and software and technical expertise; and (b) creating the recd will not unreasonably interfere with the operations of the public body. 9 Contents of response (1) A response by the head of a public body to a request made in terms of section six shall infm the applicant (a) whether not he is entitled to access to the recd a part of the recd; and (b) the place where, time when and manner in which such access will be given. (2) Where the head of a public body refuses access to a recd part of a recd, he shall infm the applicant of the reasons theref. (3) An applicant whose request f a recd part of a recd has been refused by the head of a public body may request the Commission to review the public body s decision. (4) The head of a public body may refuse a request f a recd part of a recd if granting access to such a recd (a) will contravene this Act; (b) will result in the disclosure of personal infmation pertaining to a third party that is protected from disclosure in terms of Part III; (c) is not in the public interest. 10 Access to infmation (1) Where an applicant is granted access to a recd part of a recd, the head of a public body shall (a) give him the opptunity to examine such recd part thereof; (b) where the applicant has requested a copy of a recd part of a recd, provide him with such copy if it can be reproduced, and where it cannot be reproduced, give the applicant an opptunity to take notes from such recd part thereof. [Paragraph amended by section 25 of Act 5 of 2003] (2).. [Subsection repealed by section 25 of Act 5 of 2003] 11 Extension of time limit f responding (1) The head of a public body may extend the time f responding to a request by a further period not exceeding thirty days, with the Commission s permission, f a longer period if (a) the applicant does not give sufficient detail to enable the public body to identify the requested recd; (b) a large number of recds is requested is required to be searched, and meeting the time limit will unreasonably interfere with the operations of the public body; (c) me time is needed to consult with a third party affected by the request another public body befe the head of the public body can decide whether not to give the applicant access to the requested recd. (2) Where the time is extended in terms of subsection (1), the head of the public body shall infm the applicant (a) of the reason f such extension; and (b) when he should expect a response.
12 Transfer of request (1) The head of a public body may, within ten days after a request f access to a recd is received, transfer the request to another public body if it appears to him that the recd is in the custody under the control of that other public body affects that other body. (2) Where a request a recd is transferred in terms of subsection (1), the head of the transferring public body shall notify the applicant of such transfer. (3) The head of the public body to whom the transfer was made shall respond to the applicant s request not later than thirty days after receiving the request, unless the time f responding has been extended in terms of section eleven. 13 Delegation by head of public body (1) The head of a public body may delegate to any person any function of a head of a public body under this Act, except such power of delegation. (2) A delegation made in terms of subsection (1) shall be in writing and may contain any conditions restrictions the head of the public body considers appropriate. PART III PROTECTED INFORMATION 14 Protection of deliberations of Cabinet and local government bodies (1) No infmation relating to the deliberations of Cabinet any of its committees shall be revealed disclosed to any person who is not authised to have access to such infmation. (2) The infmation referred to in subsection (1) shall include (a) any advice, policy considerations and recommendations made to Cabinet; and (b) any draft legislation regulations prepared f submission submitted to Cabinet. (3) Subsection (1) shall not apply to infmation contained in a recd that has been in existence f twentyfive me years. (4) No infmation relating to the deliberations of a local government body which were held in camera shall be revealed disclosed to any person who is not authised to have access to such infmation. (5) Subsection (4) shall not apply to circumstances where the deliberations, resolution draft resolution was made considered in the presence of members of the public. 15 Protection of advice relating to policy (1) The head of a public body may not disclose to an applicant infmation relating to advice recommendations given to the President, a Cabinet Minister a public body. (2) Subsection (1) shall not apply to the following classes of infmation (a) a public opinion poll; (b) a statistical survey; (c) an appraisal of an employee of the public body; (d) a fecast of the economy; (e) infmation relating to the state of the environment; (f) an audit perfmance rept of a public body; (g) a consumer test rept a rept of a test carried out on a product to test equipment of the public body; (h) a feasibility technical study, including a cost estimate, relating to a policy project of the public body; (i) a rept on the results of a field research undertaken befe a policy proposal is fmulated; (j) a rept of a committee, council similar body that has been established to consider any matter and make repts recommendations to a public body; (k) a plan proposal to establish a new programme to change a programme, where the iginal plan proposal had been approved rejected by the head of the public body; (l) infmation that the head of the public body has cited publicly as the basis f making a decision fmulating a policy; (m) a decision, including the reasons thereof, that is made in the exercise of a discretionary power an adjudicative function that affects the rights of the applicant; (n) infmation contained in a recd that has been in existence f ten me years. 16 Protection of infmation subject to client-attney privilege The head of a public body shall not disclose to an applicant infmation that is subject to client-attney privilege. 17 Protection of infmation whose disclosure will be harmful to law enfcement process and national security (1) The head of a public body shall not disclose to an applicant infmation whose disclosure would
(a) prejudice the law enfcement process in any way, including the following (i) revealing the identity of a confidential source of law enfcement infmation; (ii) revealing infmation relating to criminal intelligence that has a reasonable connection with the detection, prevention suppression of ganised criminal activities; (iii) compromising the effectiveness of investigation techniques and procedures used by the law enfcement agencies; (iv) endangering the life physical safety of a law enfcement officer any other person; (b) prejudice the defence and national security of the country and the safety interests of the country; [Paragraph amended by section 25 of Act 5 of 2003] (c) prejudice the defence and national security of a feign country with which Zimbabwe has entered into a defence pact; (d) prevent the detection, prevention suppression of espionage, sabotage terrism; (e) reveal any infmation relating to used in the exercise of prosecutial discretion; (f) facilitate the escape from custody of a person who is under lawful detention; (g) harm the security of any property system, including a building, a vehicle, a computer system a communications system; (h) prejudice the operations of the defence and security fces within outside Zimbabwe; (i) result in facilitate the commission of an offence; (j) result in exposing a person to civil liability f disclosing personal infmation contained in a law enfcement recd; (k) prejudice the custody, supervision release of a person in custody. (2) Notwithstanding subsection (1), the head of a public body may disclose (a) the contents of a rept prepared in the course of routine inspections by an agency that is authised to enfce compliance with any enactment; (b) the contents of a rept, including statistical analysis, on the degree of success achieved in a law enfcement programme; (c) statistical infmation on decisions made by the Attney-General on the prosecution of offences: Provided that the disclosure of such infmation will not contravene the prohibitions set out in subsection (1). (3) The head of a public body may disclose, after the completion of an investigation by the police, the reasons f a decision not to prosecute to (a) a person who was aware and had an interest in the investigation, including a victim complainant, relative friend of a victim complainant; (b) any member of the public, where the investigation had been made public. 18 Protection of infmation relating to inter-governmental relations negotiations (1) The head of a public body may, on the advice of the Minister responsible f local government the Minister responsible f feign affairs, as the case may be, refuse to disclose infmation to an applicant if such disclosure may (a) affect the relations between the government and (i) a municipal rural district council; (ii) the government of a feign state; (iii) an international ganisation of states; (b) divulge infmation received in confidence from a government, council ganisation referred to in paragraph (a). (2) Subsection (1) shall not apply to infmation, other than law enfcement infmation, contained in a recd that has existed f twenty me years. 19 Protection of infmation relating to the financial economic interests of public body the State (1) The head of a public body may refuse to disclose to an applicant infmation which may result in harm to the planning, financial economic interests of the public body the State. (2) The infmation referred to in subsection (1) shall include (a) trade secrets of a public body the State; (b) financial, commercial, scientific technical infmation that belongs to a public body to the State and has monetary value; (c) plans that relate to the management of personnel of the administration of a public body the State and that have not yet been implemented made public; (d) infmation whose disclosure may result in the premature disclosure of a proposal project in undue financial loss gain to a third party; (e) infmation relating to negotiations made by f a public body the State.
(3) Subsection (1) shall not apply to the results of product environment testing carried out by f a public body, unless the testing was done (a) as a service to a person, group of persons ganisation who paid a fee f such service; (b) f the purpose of developing methods of testing. 20 Protection of research infmation The head of a public body shall not disclose research infmation to the applicant if such disclosure will result in the loss by the researcher of the right of first publication of the results of such research any intellectual property rights. 21 Protection of infmation relating to conservation of heritage sites (1) The head of a public body may refuse to disclose infmation to an applicant if the disclosure will result in damage to, interference with the conservation of (a) fossil sites, natural sites sites that have an anthropological heritage value; (b) an endangered, threatened vulnerable species, subspecies race of plants, vertebrates invertebrates; (c) any other rare endangered living species. 22 Protection of infmation relating to personal safety [Heading substituted by section 3 of Act 5 of 2003] (1) [Subsection repealed by section 3 of Act 5 of 2003] (2) The head of a public body may refuse to disclose to an applicant personal infmation concerning the applicant if such disclosure will result in a threat to the applicant s another person s safety mental physical health. [Subsection substituted by section 3 of Act 5 of 2003] 23 Infmation otherwise available to public (1) The right of access to infmation in terms of section five shall not be held to be denied where under this Act any other law the head of a public body refuses to disclose infmation (a) that is otherwise available to members of the public upon payment of a specific fee; (b) that will be published released to members of the public within sixty days of the date of receiving the applicant s request. (2) If the head of a public body refuses to disclose infmation on the ground referred to in paragraph (b) of subsection (1) and the infmation is not published after the expiry of sixty days from the date of receiving the request f the infmation, the applicant may make another request f the infmation and the head of the public body shall reconsider it. 24 Protection of infmation relating to business interests of a third party (1) The head of a public body may refuse to disclose to an applicant infmation that will reveal the trade secrets commercial, financial employment, scientific technical infmation of a third party that was su p- plied, implicitly explicitly, in confidence to the public body, and the disclosure of which could reasonably be expected to (a) significantly harm the competitive position interfere with the negotiating position of the third party; (b) result in similar infmation being no longer provided to the public body when it is in the public interest that such infmation continues to be so provided; (c) result in undue financial loss gain to any person ganisation; (d) reveal infmation supplied to an arbitrat, mediat, labour officer other person body appointed to resolve inquire into a labour relations dispute; (e) reveal infmation that will harm the economic interests of the State. (2) The head of a public body shall not disclose to an applicant infmation contained in a tax return fm gathered f the purpose of determining a person s tax liability collecting outstanding tax. (3) Subsections (1) and (2) shall not apply where (a) the third party consents to the disclosure; (b) the infmation is contained in a recd that is in the custody control of the National Archives; (c) the infmation is contained in a recd that is in the archives of a public body and has been in existence f thirty me years. 25 Protection of infmation relating to personal privacy (1) The head of a public body shall not disclose personal infmation to an applicant if the disclosure will result in the unreasonable invasion of a third party s personal privacy. (2) In determining whether not a disclosure of personal infmat ion constitutes an unreasonable invasion of a third party s personal privacy, the head of a public body shall consider all the relevant circumstances, inclu d- ing whether
(a) the disclosure is desirable necessary f the purpose of subjecting the activities of the government a public body to public scrutiny; (b) the disclosure is likely to promote public health and safety the protection of the environment; (c) the personal infmation is relevant to a fair determination of the applicant s rights; (d) the disclosure will assist in researching validating the claims, disputes grievances of indigenous people; (e) the third party will be exposed unfairly to financial other harm; (f) subject to subsection (5), the personal infmation has been supplied in confidence by the third party about himself herself, by the third party about another person; [Paragraph substituted by section 4 of Act 5 of 2003] (g) the personal infmation is likely to be inaccurate unreliable; (h) the disclosure may unfairly damage the reputation of any person referred to in the recd requested by the applicant. (3) A disclosure of personal infmation shall be presumed to be an unreasonable invasion of a third party s personal privacy if the personal infmation (a) relates to a medical, psychiatric psychological histy, diagnosis, condition, treatment evaluation; (b) was compiled and is identifiable as part of an investigation into a possible violation of law, unless disclosure is necessary to prosecute such violation to continue the investigation; (c) relates to eligibility f income assistance social welfare benefits to the determination of benefit levels; (d) relates to employment, occupational educational histy; (e) is contained in a tax return gathered f the purpose of collecting a tax; (f) describes the third party s finances, income, assets, liabilities, net wth, bank balances, financial histy activities, creditwthiness; (g) consists of personal recommendations evaluations, character references personnel evaluations concerning the third party; (h) could reasonably be expected to reveal that the third party supplied, in confidence, a personal recommendation evaluation, character reference personnel evaluation; (i) indicates the third party s religious political beliefs associations; [Paragraph amended by section 4 of Act 5 of 2003] (j) consists of the third party s name, address, telephone number and is to be used f mailing lists solicitations by telephone other means; (k) constitutes intrusion into personal family grief. (4) A disclosure of personal infmation shall not be considered an unreasonable invasion of a third party s personal privacy if (a) the third party has, in writing, consented to requested the disclosure; (b) there are compelling circumstances affecting another person s health safety and notice of disclosure is mailed to the last known address of the third party; (c) disclosure is authised by any enactment other than this Act; (d) the disclosure is f purposes of research the compilation of statistics in a manner authised by law; (e) the infmation concerns the third party s position, functions remuneration as an officer, employee member of a public body; (f) the disclosure reveals financial and other details of a contract to supply goods services to a public body; (g) the infmation is about expenses incurred by the third party while travelling on the business and at the expense of a public body; (h) the disclosure reveals the details of, the reasons f the grant by, a public body authity of a licence, permit other benefit whatsoever to the third party: Provided that (i) the reasons f the grant of the benefit shall not be disclosed if the law under which the benefit was granted provides that the grant is at the sole discretion of the public body authity, that the reasons f the grant refusal of the benefit shall not be disclosed to the beneficiary any other person; (ii) personal infmation supplied in suppt of the application f the benefit shall not be disclosed; [Paragraph substituted by section 4 of Act 5 of 2003] (i) the disclosure reveals details of a discretionary benefit of a financial nature granted to the third party by a public body, not including personal infmation that is supplied in suppt of an application f the benefit referred to in paragraph (c) of subsection (3).
(5) The head of a public body shall, when refusing to disclose personal infmation supplied in confidence as described in paragraph (f) of subsection (2), give the applicant a summary of the infmation, if such summary can be prepared without disclosing the identity of the third party who supplied such personal infmation. [Subsection amended by section 4 of Act 5 of 2003] (6) The head of a public body may allow the third party to prepare the summary of personal infmation referred to in subsection (5). PART IV INFORMATION PERTAINING TO THIRD PARTIES 26 Requirement to notify third party (1) The head of a public body shall, if he intends to give an applicant access to a recd that he has reason to believe contains infmation pertaining to a third party that may be protected from disclosure in terms of Part III, notify the third party, in writing, of his intention to give such access and affd him an opptunity within twenty days after the notice is given to make written representations to the public body explaining why the infmation should not be disclosed. (2) Where the head of a public body has been approached by an applicant with a request to give infmation pertaining to a third party and he does not intend to give the applicant access to such infmation, he shall notify the third party, in writing, of his intention not to give such access to a recd. (3) The head of a public body shall, when giving notice in terms of subsection (1), also give the applicant a notice stating that (a) the recd he has requested contains infmation whose disclosure may affect the interests invade the personal privacy of a third party; and (b) the third party is being given an opptunity to make representations concerning disclosure; and (c) a decision will be made within thirty days on whether not to give the applicant access to the recd. (4) The notice referred to in subsection (2) shall (a) advise the third party that a request has been made by an applicant f access to a recd containing infmation whose disclosure may affect his interests invade his personal privacy; and (b) describe the contents of the recd; and (c) state that, within twenty days after the notice is given, the third party may, in writing, consent to the disclosure thereof. 27 Time limit to give notice of decision (1) Within thirty days after notice is given in terms of subsection (1) (2) of section twenty-six, the head of the public body shall decide whether not to give access to the recd to part of the recd, but no decision may be made befe (a) the lapse of twenty-one days after the day notice is given; (b) the day a response is received from the third party; whichever occurs first. (2) After reaching a decision in terms of subsection (1), the head of the public body shall give notice, in writing, of his decision to both the applicant and the third party. (3) If the head of the public body decides to give access to the recd to part of the r ecd, the notice shall state that the applicant will be given access to the recd within twenty days after the date the notice is given, unless the third party requests a review in terms of Part X. 28 Infmation to be disclosed if in the public interest (1) The head of a public body shall have a duty to disclose to (a) an applicant; (b) members of the public interested affected persons, whether not a request has been made; infmation concerning (i) the risk of significant harm to the health safety of members of the public; (ii) the risk of significant harm to the environment; (iii) (iv) (v) (vi) any matter that threatens national security; any matter that is in the interest of public security public der, including any threat to public security public der: Provided that infmation concerning any threat to public security public der shall only be disclosed to the relevant law enfcement authities; [Paragraph substituted by section 5 of Act 5 of 2003] any matter that assists in the prevention, detection suppression of crime. [Paragraph substituted by section 5 of Act 5 of 2003] [Paragraph repealed by section 5 of Act 5 of 2003]
(2) Befe disclosing any infmation in terms of subsection (1), the head of a public body shall, if possible, notify any third party to whom the infmation relates directly affects and the Commission. (3) If it is not reasonably possible to comply with subsection (2), the head of the public body shall mail a notice of disclosure in the prescribed fm to the last known address of the third party and to the Commission. PART V COLLECTION, PROTECTION AND RETENTION OF PERSONAL INFORMATION BY PUBLIC BODIES 29 Purposes f which personal infmation may be collected A public body may only collect personal infmation if (a) the collection of that infmation is expressly authised in terms of an enactment; (b) the infmation is to be collected f the purposes of national security, public der and law enfcement; (c) the infmation is to be collected f the purposes of public health; (d) the infmation relates directly to and is necessary f an operating programme, function activity of the public body; (e) the infmation will be used to fmulate public policy. 30 Collection of personal infmation (1) A public body shall collect personal infmation directly from the person to whom it relates unless (a) another method of collection is authised by (i) that individual; (ii) the Commission; (iii) another enactment; (b) the infmation is to be collected f the purpose of (i) determining the suitability f granting an honour award, including an honary degree, scholarship, prize bursary; (ii) proceedings befe a court judicial quasi-judicial tribunal; (iii) collecting a debt fine making a payment; (iv) law enfcement. (2) A public body shall infm a person from whom it intends to collect personal infmation of the purpose f which the personal infmation is being collected and the legal authity f collecting it. (3) Subsection (2) shall not apply if (a) the infmation relates to law enfcement; (b) the Commission excuses a public body from complying with the subsection if doing so would result in the collection of inaccurate infmation, defeat the purpose of, prejudice the use f which, the infmation is to be collected. 31 Accuracy of personal infmation A public body shall, if it intends to use an individual s personal infmation to make a decision that will directly affect that individual, take every reasonable step to ensure that the infmation is accurate and complete. 32 Right to request crection of personal infmation (1) Where a person has reason to believe that personal infmation relating to him that is in the custody control of a public body contains an err omission, he may request the head of that public body to crect such infmation. (2) The head of a public body shall, upon receiving a request in terms of subsection (1), crect annotate the personal infmation on the recd pertaining to the person making the request. (3) The head of a public body shall, when crecting annotating personal infmation upon a request made in terms of subsection (1), notify the crection to any other public body any third party to whom that infmation has been disclosed during the last twelve months preceding the request f a crection. 33 Protection of personal infmation The head of a public body shall protect personal infmation that is under his custody control by taking reasonable steps to ensure that there is adequate security and there is no unauthised access, collection, use, disclosure disposal of such personal infmation. 34 Retention of personal infmation If a public body uses an individual s personal infmation to make a decision that directly affects the individual, the public body shall retain that infmation f at least one year after using it so that the individual has a reasonable opptunity to have access to it.
35 Penalty f deliberately falsifying personal infmation Any person who, when required under any enactment to supply to a public body any personal infmation verbally in writing about himself herself a third party, supplies any infmation which he she knows to be false does not have reasonable grounds f believing to be true, shall be guilty of an offence and liable to a fine not exceeding level five to imprisonment f a period not exceeding six months to both such fine and such imprisonment. Section substituted by section 6 of Act 5 of 2003] PART VI USE AND DISCLOSURE OF PERSONAL INFORMATION BY PUBLIC BODIES 36 Use of personal infmation A public body may only use personal infmation (a) f the purpose f which that infmation was obtained compiled, f a use consistent with that purpose; (b) if the person to whom the infmation relates has consented, in the prescribed manner, to such use. [Paragraph amended by section 25 of Act 5 of 2003] 37 Disclosure f archival histical purposes The National Archives, the archives of a public body, may disclose personal infmation to a third party f the purpose of histical research any other lawful purpose if (a) such disclosure would not result in an unreasonable invasion of a person s personal privacy in terms of this Act; (b) the infmation is about a person who has been deceased f thirty me years. [Section amended by section 25 of Act 5 of 2003] PART VII ZIMBABWE MEDIA COMMISSION 38 Establishment and composition of Zimbabwe Media Commission (1) There is hereby established a commission to be known as the Zimbabwe Media Commission, which shall be a body cpate capable of suing and being sued in its cpate name and, subject to this Act, of perfming all acts that bodies cpate may by law perfm. (2) The Commission shall consist of a chairperson and eight other members appointed by the President from a list of not fewer than twelve nominees submitted by the Committee on Standing Rules and Orders. (3) Persons appointed to the Commission must be chosen f their knowledge and experience in the press, print electronic media, broadcasting. [Section substituted by section 3 of Act 20 of 2007] 39 Functions of Zimbabwe Media Commission (1) Subject to this Act, the functions of the Commission shall be (a) to uphold and develop the freedom of the press; and (b) to promote and enfce good practice and ethics in the press, print and electronic media, and broadcasting; and (c) to ensure that the people of Zimbabwe have equitable and wide access to infmation; and (d) to ensure the equitable use and development of all indigenous languages spoken in Zimbabwe; and (e) to comment on the implications of proposed legislation programmes of public bodies on access to infmation and protection of privacy; and (f) to comment on the implications of automated systems f collection, stage, analysis transfer of infmation f access to infmation protection of privacy; and (g) to infm the public about this Act; and (h) to engage in commission research into anything affecting the achievement of the purposes of this Act; and (i) to conduct investigations in terms of Part IX to ensure compliance with the provisions of this Act; and (j) to receive, evaluate f accreditation and consider applications f the accreditation of journalists; and (k) to review the decisions of public bodies in terms of Part X; and (l) to bring to the attention of the head of a public body any failure to meet the prescribed standards f fulfilling the duty to assist applicants; and (m) to authise a public body, at the request of its head, to disregard requests that would unreasonably interfere with the operations of the public body; and (n) to monit the mass media and raise user awareness of the mass media; and (o) to register mass media in Zimbabwe; and
(p) to investigate complaints against any journalist mass media service in terms of Part VIIA. (m) to make regulations in terms of section 91. (2) Subject to this Act, f the better exercise of its functions, the Commission shall have power to do cause to be done, either by itself through its agents, all any of the things specified in the Third Schedule, either absolutely conditionally and either solely jointly with others. [Section substituted by section 3 of Act 20 of 2007] 40. [Section repealed by section 3 of Act 20 of 2007] 41 Financial and miscellaneous provisions relating to Commission The Fifth Schedule shall govern the financial and certain other aspects of the operation of the Commission. 42 Annual rept of Commission (1) As soon as possible after the end of each year, the Board shall submit to the Minister an annual rept on matters dealt with by the Commission during that year. (2) At any time the Commission may submit a special rept to the Minister on any matter upon which the commission considers it desirable to rept. PART VIIA MEDIA COUNCIL [Part VIIA (sections 42A to 42H inserted by section 4 of Act 20 of 2007] 42A Constitution of Media Council (1) F the purpose of exercising disciplinary control and other powers conferred by this Act, the Commission shall appoint a Media Council in terms of this Part. (2) The Council shall consist of (a) a chairperson who shall be any member of the Commission chosen by the Commission other than the chairperson deputy chairperson of the Commission; and (b) two representatives of an association of accredited journalists nominated by one me associations of journalists that, in the opinion of the Commission, are fairly representative of journalists, and appointed by the Commission; and (c) a representative of an association of publishers nominated by one me associations of publishers that, in the opinion of the Commission, are fairly representative of publishers, and appointed by the Commission; and (d) two representatives of an association of advertisers advertising agencies nominated by one me associations of publishers that, in the opinion of the Commission, are fairly representative of advertisers advertising agencies, and appointed by the Commission; and (e) a representative of an association of mass media trainers nominated by one me associations of publishers that, in the opinion of the Commission, are fairly representative of mass media trainers, and appointed by the Commission; and (f) a representative of an association of churches other religious bodies nominated by one me associations of churches other religious bodies that, in the opinion of the Commission, are fairly representative of churches other religious bodies, and appointed by the Commission; and (g) a representative of an association of businesspeople nominated by one me associations of businesspeople that, in the opinion of the Commission, are fairly representative of businesspeople, and appointed by the Commission; and (h) a representative of any trade union federation of trade unions nominated by one me trade unions federations of trade unions that, in the opinion of the Commission, are fairly representative of trade union members, and appointed by the Commission; and (i) a representative of an association of women women s groups nominated by one me associations of women women s groups that, in the opinion of the Commission, are fairly representative of women women s groups, and appointed by the Commission; and (j) a representative of an association of youth youth groups nominated by one me associations of youth youth groups that, in the opinion of the Commission, are fairly representative of youth youth groups, and appointed by the Commission; and (k) a representative of the legal profession selected by the Commission from a panel of nominees submitted by the Council of the Law Society referred to in the Legal Practitioners Act [Chapter 27:07]; and (l) a representative of the legal profession selected by the Commission from a panel of nominees submitted by faculties of law in any tertiary educational institution that have been invited by the Commission to make nominations.