Cap. 496 Art. 32Documents relatingtobusiness affairs, the economy and research.

(1) A document is an exempt document if its disclosure under this Act would disclose:

(a) trade secrets;

(b) any other information having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or

(c) information (other than trade secrets or information to which paragraph (b) applies) concerning a person in respect of his business or professional affairs or concerning the business, commercial or financial affairs of an organisation or undertaking, being information:

(i) the disclosure of which would, or could reasonably be expected to, unreasonably affect that person adversely in respect of his lawful business or professional affairs or that organisation or undertaking in respect of its lawful business, commercial or financial affairs; or

(ii) the disclosure of which under this Act could reasonably be expected to prejudice the future supply of information to the Government or to another public authority for the purpose of the administration of a law or the administration of matters administered by the authority.

(b) the business, commercial or financial affairs of an undertaking where the applicant is the proprietor of the undertaking or is acting on behalf of the proprietor; or

(c) the business, commercial or financial affairs of an organisation where the applicant is acting on its behalf.

(3) Subarticle (1)(c) shall not apply to information solely concerning a person’s status as a member of a profession.

(4) A document is an exempt document if its disclosure under this Act would be contrary to the public interest by reason that it:

(a) would, or could reasonably be expected to, have a substantial adverse effect on the ability of the Government to manage the Maltese economy; or

(b) could reasonably be expected to result in an undue disturbance of the ordinary course of business in the community, or an undue benefit or detriment to any person or community, or an undue benefit or detriment to any person or class of persons, by reason of giving premature knowledge of or concerning proposed or possible action or inaction of the Government or Parliament.

(5) The kinds of documents to which subarticle (4) may apply include, but are not limited to, documents containing matter relating to:

(a) currency or exchange rates;

(b) interest rates;

(c) taxes, including duties of customs or of excise;

(d) the regulation or supervision of banking, insurance and other financial institutions;

(e) the stability of the financial system;

(f) proposals for expenditure;

(g) foreign investment in Malta; or

(h) borrowings by the Government or other public authorities.

(6) A document is an exempt document if it is in the possession of a member of the academic staff of the University of Malta and contains information relating to research that has been or is being undertaken by such a member, unless the research has been commissioned by a public authority.

(7) A document is an exempt document if:

(a) it contains information relating to scientific or the research would be likely unreasonably to expose the public authority or the member of staff to disadvantage.

(8) Subarticle (7) shall not apply to a document that, in so far as it contains information relating to research, only contains information relating to research that has been completed.

(9) A document is an exempt document if it contains information relating to research on security and defence matters which has been undertaken or commissioned by, or with the involvement of, a public authority.