Section 41 applies to information that has been obtained from another
person and whose disclosure to the public would constitute an actionable
breach of confidence.
Key points:
Section 41 will only apply where a person would be able to bring a
successful action for breach of confidence as a result of disclosure
to the public;
Section 41 is not subject to a public interest balance imposed by
the FOI Act. But, the courts have recognised that a person will not
be successful in an action for breach of confidence if the public interest
in disclosure outweighs the public interest in keeping the confidence;
The application of section 41 may require detailed consideration of
the law of breach of confidence: expert advice will often be necessary.
