| Topic: | Re:Brentford Library - Freedom of Information Request | |
| Posted by: | Pauline Compton | |
| Date/Time: | 25/02/11 15:23:00 |
| Well worth making a formal complaint and if necessary going to the Information Commissioner after all it is council tax payers money that they are giving to Laings. ICO guidance says that Section 43 is a qualified exemption which is subject to the public interest test, as set out in section 2 of the Act. i.e "Where a public authority is satisfied that the information requested is a trade secret or that its release would prejudice someone’s commercial interests, it can only refuse to provide the information if it is satisfied that the public interest in withholding the information outweighs the public interest in disclosing it. The bias is in favour of disclosure and there will be occasions where information is released even though it is a trade secret or is likely to prejudice someone’s commercial interest. Generally speaking, the public interest is served where access to the information would; • further the understanding of, and participation in the debate of issues of the day; • facilitate the accountability and transparency of public authorities for decisions taken by them; • facilitate accountability and transparency in the spending of public money; • allow individuals to understand decisions made by public authorities affecting their lives and, in some cases, assist individuals in challenging those decisions; • bring to light information affecting public safety." Difficult to see how the public interest could be best served by allowing this exemption Commercial sensitivity alone isn't a defence - especially as the contract runs for a number of years. |