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It can be summed up that the information that is restricted to non-disclosure is the information that, if disclosed, would have an impact on the Royal institution. The Act generally prohibits the disclosure of such information. However, there are some exceptions where the State agency/ the State official can use their own discretion whether to disclose such information. Therefore, the study on the guidelines for the State official to exercise his discretion whether to disclose such sensitive information should be focused on the examples as prescribed in the Act. As such upon the State agency’s receipt of the request for the information disclosure of any information that falls into the categorized information under the Act which are prohibited for disclosure, the State agency/ the State official shall have to use their discretion to issue an order prohibiting the information as they deem fit.
In using the discretion under Section 15 paragraph one of the Act, the State agency/ State official may issue an order for information disclosure for the information as classified under Section 15 paragraph one (1)-(7), the State agency/ State official shall have to take into account 3 factors, i.e. (i) the performance of the State agency within the scope of laws; (ii) general public interest and the related interest of the private individual by weighing the judgment in accordance with the provisions of the Act. If the information was disclosed, would there be an impact on the operation of such State agency or not. For example, the Revenue Department shall have to consider if the disclosure of information as requested would infringe or violate the provisions of the Revenue Code or not. Another example is that, if there is a person requesting for the investigative information where such investigation is yet to be finished, the State agency should consider if the disclosure of the unfinished investigation information should be made or not (such disclosure would be beneficial to the public or the society as a whole or not). In the case where such requested information directly relates to the society, the disclosure of such information should be beneficial to the public and how the information was handled. Likewise, it shall promote the transparency in handling such information. Even though such disclosure of information would have impacted on certain persons but it will be beneficial to the large group of people, the State agency should have used their discretion to issue an order for the disclosure of information so requested. By using their discretion to issue an order, the State agency shall take into account the necessity and the relevancy of the person requesting for the disclosure of such information and the preservation of rights of such person and the rights of the third parties. However, ultimately upon issuing the order disclosing the information, some part of the information to be disclosed can be deleted or concealed.
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