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6.1 The section 41 exemption does not cease to apply after a specified period. However, the passage of time may mean that the information is no longer sufficiently sensitive to be considered 'confidential' or that the public interest in keeping the confidence has been substantially weakened. If a department receives a request for information which, although it was confidential when it was obtained, was obtained a long time ago, the department should consider carefully whether the disclosure of that information would still constitute an actionable breach of confidence within the meaning of section 41.
6.2 For example, public authority A consults public authority B in relation to the formulation of policy. Public authority B may be under a duty to keep the proposals confidential. However, once A has announced the policy, the disclosure of the information in response to an FOI request may no longer constitute an actionable duty of confidentiality. (NB. Although the policy itself may no longer be confidential after it has been announced, this does not preclude contingent information such as any alternative policy proposals remaining confidential.)