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

2. 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

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

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

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

6. 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

7. 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

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

9. 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

10. 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

11. 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

12. Questions ?