Act Now - FOI: Contracts and Commercial Confidentiality

Public authorities often receive FOI requests for information about contracts awarded, tenders or other information that might be considered to be commercially sensitive.

This interactive workshop examines the legal and practical issues that arise when dealing with such requests.

This workshop provides a detailed examination of relevant exemptions in the Freedom of Information Act and the Environmental Information Regulations and considers when these exemptions may be engaged. We focus on the commercial interests and confidentiality exemptions under Sections 43 and 41 of the FOI and EIR Regulations 12(5) (9) e)and (f).

We will explore recent cases in order to enable delegates to determine when commercial information may be lawfully withheld and how to draft a refusal notice.

Real life examples, practical scenarios and case studies, ensure that delegates understand how to apply the exemptions in practice. By the end of the workshop, delegates will have a greater confidence in deciding whether commercial information should be disclosed and how to justify their decision.

Key Topics 

• Transparency Agenda and Public Procurement
• Types of information that may be commercially sensitive
• Commercial interests-what are they and how can they be prejudiced
• Prejudice to commercial interests (S 43 FOI and EIR Reg 12 (5) (e)
• Commercial information provided in confidence ( S41 FOI) and EIR Reg 12 (5) (f)
• Drafting a Refusal Notice
• Procurement and Public Authority contracting