Cap. 546 Art. 3Excluded documents.

The following documents are specifically excluded from the provisions of this Act:

(a) documents the supply of which is an activity falling outside the scope of the public task of the public sector bodies concerned, provided that the scope of the public tasks is transparent and subject to review;

(b) documents for which third parties hold intellectual property rights;

(c) documents which are excluded from access by virtue of the rules of access of the public administration, including on the grounds of:

(i) the protection of national security, defence or public security, and

(ii) statistical confidentiality, or

(iii) commercial confidentiality such as business, professional or company secrets;

(d) documents access to which is restricted by virtue of the rules of access of the public administration, including cases whereby citizens or companies have to prove a particular interest to obtain access to documents;

(e) parts of documents containing only logos, crests and insignia;

(f) documents access to which is excluded or restricted by virtue of the rules of access on the grounds of protection of personal data, and parts of documents accessible by virtue of those rules of access which contain personal data the re-use of which has been defined by law as being incompatible with the Data Protection Act with regard to the processing of personal data;

(g) documents held by public service broadcasters and their subsidiaries, and by other bodies or their subsidiaries for the fulfilment of a public service broadcasting remit;

(h) documents held by educational establishments of secondary level and below, research establishments, research performing organisations and research funding organisations, including organisations established for the transfer of research results, as well as research units within public sector bodies, schools and universities, except university libraries, and, in the case of all other educational establishments, documents other than those referred to in paragraph (b); and

(i) documents held by cultural establishments, other than libraries, museums and archives;

(j) documents held by public undertakings:

(i) produced outside the scope of the provision of services in the general interest as defined by law or other binding rules;

(ii) related to activities directly exposed to competition, under regulation 24 of the Public

Procurement of Entities operating in the Water, Energy, Transport and Postal Services Sector Regulations, and therefore not subject to procurement rules:

(k) documents access to which is excluded or restricted on grounds of sensitive critical infrastructure protection related information as defined in article 2 of the Critical Infrastructures and European Critical

Infrastructures (Identification, Designation and Protection) Order; Provided that the provisions of this article shall not apply to the re-use of documents, by a public sector body, of a document held by another public sector body.