Commercial Confidentiality (Hansard, 1 April 2003)

§ Alun Michael

It is not standard practice to verify claims of commercial confidentiality on receiving information from organisations, as this issue is normally only relevant if the question arises as to whether or not the information should be disclosed to another party. Access to the environmental information which Defra holds is subject to the Environmental Information Regulations 1992. Detailed guidance on implementing the Regulations, including the exception relating to commercial confidentiality, is publicly available on the Defra website at http://www.defra.gov.uk/environment/pubaccess/index.htm.

641W

Where information is not subject to the Environmental Information Regulations 1992, the Code of Practice on Access to Government Information, and the guidance on the operation of the Code, helps officials determine whether information should be disclosed or withheld in response to an individual request. Exemption 13 under the Code relates to a third party's commercial confidences. In deciding whether or not information should be withheld under this exemption, officials must consider whether "unwarranted disclosure would harm the competitive position of a third party". While it is ultimately up to Departments to determine, in accordance with the Code, whether to disclose the information, the third party whose interests may be adversely affected should normally be consulted in order to inform the Department's decision. Even where the exemption prima facie applies, the information in question must still be disclosed if there is an overriding public interest in disclosure. However, under the Code, disclosure of commercially confidential information will usually only be appropriate where the risk to public health, public safety or the environment is substantial and specific. A decision to refuse requested information may be made without consultation with the supplier of information where the case for confidentiality is obvious and overwhelming.