§ Rob MarrisTo ask the Secretary of State for Transport 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. [105561]
§ Mr. JamiesonIt is not standard practice in my Department to verify claims of commercial confidentiality on receiving information from organisations, as this is normally only relevant if the question arises as to whether such information should be disclosed to another party. My Department follows the Code of Practice on Access to Government Information. The Code, and the guidance on the operation of the Code, helps officials determine whether such information should be disclosed.
The Code provides a specific exemption 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 Department to decide in accordance with the Code whether to disclose the information, the third party whose interests may be adversely affected is normally consulted in order to inform the Department's decision. Even where the exemption prima facie applies, the information in question may still be disclosed if there is an overriding public interest in disclosure, but 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.