FOI - we’re not doing ourselves a service Donald Henderson Perth and Kinross Council

Director of Corporate Services FOI in Perth Authority to release or withhold Director of Corporate Services Authority to release or withhold at review Depute Director Delegated Reviews Manager FOI requests Information Officer FOI Team

FOI in Perth Service Management FOI team Service Coordinators Notify Provide information Request information Information providers

Issues for PKC Sheer volume of requests Amount of work dealing with requests for review Amount of work dealing with investigations by OSIC

Issues for PKC Getting the information out of people Identity of the applicant Keeping the right people informed Personal vs business information

Commercial Organisations Information is exempt if Its disclosure would give rise to a successful action for breach of confidence It is a trade secret Its disclosure would substantially prejudice someone’s commercial interests

Confidentiality Information received from another person “in confidence” Information must have a “quality of confidence” Reply is probably not covered Absolute exemption, but public interest already included

Commercial Interest Commercial interest ≠ Financial interest Substantial prejudice “significant, real not hypothetical, immanent” How do we prove it ?

Contracts A public authority A private sector organisation Can’t give an assurance of non-disclosure Wants to comply with the law Fears being sued for breach of confidentiality Fears enforcement action by the Commissioner May simply walk away A private sector organisation Wants assurances of non-disclosure Wants contractual comfort Isn’t concerned about a public authority’s compliance with the law Wants the business and may compromise

Contractual Positions Limit confidential information to that covered by breach of confidence Identify in advance what can be disclosed without consultation Be prepared to be consulted The decision remains with the public authority

Private Sector Risk Audit the information already supplied to public authorities Prevent unnecessary disclosure of information to public authorities in the future Identify what information that is confidential and what would prejudice your commercial interests Discuss the situation with public authorities Train your contracts people Remember the legislation is retrospective

Questions ?