8.1 When considering whether a request for information
should be refused on the basis of section 41 it is also important to consider
whether the information may also be protected from disclosure by virtue
of another exemption. Where another exemption may also apply it will be
necessary to consult the detailed guidance on that section:
Section 40: If confidential information is personal information,
the personal information exemption may apply (see further paragraph
2.3 in relation to personal information and also the guidance on section
40).
Section 43: Where information is confidential because it is commercially
sensitive, the commercial interests exemption should be considered.
Section 27(3): If information of a confidential nature has been
obtained from a State other than the United Kingdom or from an international
organisation or international court, section 23 should be considered
(a person outside the UK jurisdiction is unlikely to be able to bring
an action for breach of confidence for the purposes of section 41).
Section 30(2)(b): if information has been obtained from confidential
sources, the application of section 30(2)(b) should also be considered.
8.2 Aside from the above exemptions which are likely to
apply in connection with the confidential nature of the information, a range
of other exemptions may also be relevant depending on the content and subject
matter of the information. For example, the disclosure of confidential information
may, in certain situations, prejudice international relations or the defence
of the British Islands. When considering whether information is exempt under
section 41, it will also be necessary to consider whether the subject matter
of the information means that it also falls within another exemption.
