45 Matter relating to trade secrets, business affairs and research

(1) Matter is exempt matter if—

(a) its disclosure would disclose trade secrets of an agency or another person; or

(b) its disclosure—

(i) would disclose information (other than trade secrets) that has a commercial value to an agency or another person; and

(ii) could reasonably be expected to destroy or diminish the commercial value of the information; or

(c) its disclosure—

(i) would disclose information (other than trade secrets or information mentioned in paragraph (b)) concerning the business, professional, commercial or financial affairs of an agency or another person; and

(ii) could reasonably be expected to have an adverse effect on those affairs or to prejudice the future supply of such information to government; unless its disclosure would, on balance, be in the public interest.

(2) Matter is not exempt under subsection (1) merely because it concerns the business, professional, commercial or financial affairs of the person by, or on whose behalf, an application for access to the document containing the matter is being made.

(3) Matter is exempt matter if—

(a) it would disclose the purpose or results of research, whether or not the research is yet to be started, the research has started but is unfinished, or the research is finished; and

(b) its disclosure could reasonably be expected to have an adverse effect on the agency or other person by or on whose behalf the research was, is being, or is intended to be, carried out.

(4) Matter is not exempt under subsection (3) merely because it concerns research that was, is being, or is intended to be, carried out by the agency or other person by, or on whose behalf, an application for access to the document containing the matter is being made.

Subsections