Freedom of Information Act: Under orders to disclose
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 , 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.
This premium content is reserved for
Legal Week Subscribers.
A PREMIUM SUBSCRIPTION PROVIDES:
- Trusted insight, news and analysis from the UK and across the globe
- Connections to senior business lawyers within the leading law firms and legal departments
- Unique access to ALM's unrivalled, market-leading reporting in the US and Asia and cutting-edge research, including Legal Week's UK Top 50 and Global 100 rankings
- The Legal Week Daily News Alert, Editor's Highlights, and Breaking News digital newsletters and more, plus a choice of over 70 ALM newsletters
- Optimized access on all of your devices: desktop, tablet and mobile
- Complete access to the site's full archive of more than 56,000 articles
Already have an account? Sign In Now
For enterprise-wide or corporate enquiries, please contact Paul Reeves on Preeves@alm.com or call on +44 (0) 203 875 0651