The Information Tribunal has recently decided two noteworthy appeals under the Freedom of Information Act 2000 (FOIA). While both decisions are important in their own right, they also highlight the significant risks for public authorities of adopting an unduly blanket approach when responding to information requests under the FOIA.
In Department of Health v Information Commissioner [2008], the tribunal addressed the important question of when a public authority may lawfully refuse to disclose a commercial contract which has been requested under the FOIA. The contract in question was a substantial and high value public procurement contract for the provision of a nationwide e-recruitment service for the National Health Service. The Department of Health had refused to disclose the contract on the basis that it was a confidential and commercially-sensitive contract which was exempt from disclosure under a variety of exempting provisions contained within part II of the FOIA. The Information Commissioner decided that the contract should have been disclosed.
