Topic 4 - commercial interests exemption
Module 1 - your current position
This module is about how well a public authority is currently performing in their application of section 43. It provides an opportunity to reflect on how often the application of section 43 is upheld internally within a public authority and by the ICO. When assessing your public authority as good, adequate or unsatisfactory against the criteria, it is important that you take a proportionate approach based on your individual organisation. You should take into account all relevant factors, including the number of requests you receive and your organisational structure.Your rating will depend on factors such as the number of requests you receive and the size and structure of your organisation. It's up to you to record your rating and provide reasons for it when building an action plan. Read the "more information” section to give you a further understanding of each question.
Module 2 - general considerations
This module will test your general understanding of key elements of the section 43 exemptions. You should assess individual parts of requested information carefully against any harm you think is likely to occur, taking into account all relevant factors. When assessing the likelihood of harm to the commercial interests of other organisations, you must consult them as soon as possible, but you need to make the final decision on how to respond to any FOI request. You must be able to show a link between disclosing requested information or revealing whether it's held and any likelihood of harm to commercial interests. In the next module, you can assess how you apply these elements to the specific request to take an overall approach. Read the "more information” section to give you a further understanding of each question.
Module 3 - application
You may find some of the questions in this module similar to those in the previous one, because it is designed to test how well you can apply those previously highlighted key elements of section 43 to a specific request. Section 43 can only be applied to protect a trade secret or other commercial interests. If you think the requested information is a trade secret, consider this separately in the first instance. There is no additional requirement to assess the likelihood of harm or prejudice if the requested information is a trade secret. When relying on any of the section 43 exemptions, you must also assess the balance of the public interest in upholding the exemption. Read the "more information” section to give you a further understanding of each question.
Module 4 - other considerations
It is in your organisation's best interests to routinely publish as much information as possible about your commercial activities. Be mindful that some of the information you hold on sole traders could also constitute their personal information. This module assesses your awareness of other considerations relevant to managing and handling requests for commercial information. Read the “more information” section to give you further understanding of each question.
Module 5 - culture, learning and assurance
You should promote awareness of FOIA internally to all staff for compliance and reputational reasons. This should include an awareness of when your organisation receives commercially sensitive information and how you receive this information. The scope of your searches should include information held physically by your organisation or held on its behalf by another organisation, such as a supplier or contractor. Read the "more information” section to give you a further understanding of each question.