When are public authority contracts likely to be liable for full disclosure, asks Navdeep Gill
In a recent landmark decision, Derry County Council v Information Commissioner EA/2006/0014, the Information Tribunal (IT) dismissed a claim by Derry County Council (the council) that it was exempt from releasing financial information under the Freedom of Information Act 2000 (FIA 2000).
The council sought to rely on three exemptions in FIA 2000:
- section 29, prejudice to the economic interests of the UK or any part of the UK;
- section 41, information provided in confidence; and
- section 43, prejudice to the commercial interests of any person including the public authority.
The IT’s decision on s 41 is the most significant and will come as a blow to many in the private sector who may have previously thought that FIA 2000 would not be of concern to them. In its decision the IT took the bold view that information contained in a concluded contract with a public authority can fall outside the scope of the s 41 exemption since it is information that is not ‘obtained’ by the public authority
