§ Rob MarrisTo ask the Deputy Prime Minister 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. [105554]
§ Mr. LeslieIt 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. The Code of Practice on Access to Government Information—and the guidance on the operation of the Code—helps officials determine whether such information should be disclosed or withheld in response to an individual request.
This code provides a specific exemption—exemption 13—for 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 the Office 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 Office'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, but 682W disclosure of commercially confidential information without consent will usually be appropriate only 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.