Section 21 (Accessible by other means): There may
be relevant legal, regulatory, or licensing requirements governing
the disclosure of commercially sensitive information.
Section 26 (Defence): This is likely to be particularly
relevant in matters involving defence procurement.
Section 27 (International relations): This exemption
could also be relevant in matters involving defence, or other kinds
of overseas procurement activities.
Section 29 (The economy): This exemption could
be relevant if the disclosure would be likely to prejudice the financial
interests of a department or agency, or the economic interest of the
UK
Section 33 (Audit function): This exemption could
be relevant if disclosure would be likely to prejudice audit functions.
Section 39 (Environmental Information): If information
is environmental information within the meaning of the Environmental
Information Regulations, it will be exempt under section 39 and its
disclosure must be considered in accordance with the Environmental
Information Regulations.
Section 41 (Information provided in confidence):
As discussed above, potentially commercially sensitive information
held by a public authority may often be held on explicit or implicit
terms which make it subject to a duty of confidence. This may particularly
the case with procurement information. If it is established that public
release of the information would constitute an actionable breach of
confidence, then the section 41 exemption may apply. This is an absolute
exemption and does not require the public interest test as defined
in section 2 to be applied. However, the public interest component
of the common law duty of confidence may need to be considered. It
is important to note that the use of terms such as 'commercial in
confidence' or 'commercially confidential' do not of themselves establish
that any exemption applies. The practical effect is to act solely
as a warning that an exemption might apply.
Section 44 (Statutory prohibitions on disclosure):
This section provides an absolute exemption where disclosure is prohibited
under other legislation or by EU law. This may be particularly relevant
in regulatory and procurement contexts.
