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Section 30 - Notifying the third party

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30(1) When the head of a public body is considering giving access to a record that may contain information

(a) that affects the interests of a third party under section 16, or

(b) the disclosure of which may be an unreasonable invasion of a third party's personal privacy under section 17,

the head must, where practicable and as soon as practicable, give written notice to the third party in accordance with subsection (4).

(1.1) Subsection (1) does not apply to information that the head of a public body may refuse to disclose in accordance with section 29.

(2) Subsection (1) does not apply to a record containing information described in section 17(2)(j).

(3) If the head of a public body does not intend to give access to a record that contains information excepted from disclosure under section 16 or 17, the head may give written notice to the third party in accordance with subsection (4).

(4) A notice under this section must

(a) state that a request has been made for access to a record that may contain information the disclosure of which would affect the interests or invade the personal privacy of the third party,

(b) include a copy of the record or part of it containing the information in question or describe the contents of the record, and

(c) state that, within 20 days after the notice is given, the third party may, in writing, consent to the disclosure or make representations to the public body explaining why the information should not be disclosed.

(5) When notice is given under subsection (1), the head of the public body must also give the applicant a notice stating that

(a) the record requested by the applicant may contain information the disclosure of which would affect the interests or invade the personal privacy of a third party,

(b) the third party is being given an opportunity to make representations concerning disclosure, and

(c) a decision will be made within 30 days after the day notice is given under subsection (1).

RSA 2000 cF-25 s30;2003 c21 s7

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