(1) Matter is exempt if—
(a) its disclosure would found an action for breach of confidence; or
(b) it consists of information of a confidential nature that was communicated in confidence, the disclosure of which could reasonably be expected to prejudice the future supply of such information, unless its disclosure would, on balance, be in the public interest.
(2) Subsection (1) does not apply to matter of a kind mentioned in section 41(1)(a) unless it consists of information communicated by a person or body other than—
(a) a person in the capacity of—
(i) a Minister; or
(ii) a member of the staff of, or a consultant to, a Minister; or
(iii) an officer of an agency; or
(b) the State or an agency.