§ Rob MarrisTo ask the Secretary of State for Education and Skills what guidance his Department issues to civil servants on how to deal with claims from organisations that the information they provide to the Department is commercially confidential. [105551]
§ Mr. Charles ClarkeIt is not standard practice to verify claims of commercial confidentiality on receiving information from organisations, as this issue is normally relevant only if the question arises as to whether or not the information should be disclosed to another party.
The Code of Practice on Access to Government Information provides a specific exemption for a third party's commercial confidences, and the Code and the guidance on the operation of the Code helps officials to determine whether such information should be disclosed or withheld in response to an individual request. In deciding this, officials need to consider if "unwarranted disclosure would harm the competitive position of a third party." This would normally involve consultation with the third party involved. Even where the exemption to disclosure applies, the information in question must still be made available if there is an overriding public interest in disclosure, usually appropriate only where there is a substantial risk to public health, safety or the environment.