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.
Good
- You always thoroughly consider all of the factors relevant to whether you could release the requested information or any part of it.
- You always consider factors relevant to establishing whether the requested information is a trade secret.
- You always consider whether there is a commercial interest in the requested information, and not just a financial interest.
- You always consider whether there is a logical connection between disclosing the requested information and the likely harm or prejudice to commercial interests.
- You always thoroughly assess the likelihood of harm or prejudice (ie "would" or "would be likely" to prejudice) to commercial interests.
- You always take an objective and evidence-led approach to assessing the balance of the public interest.
- Where applicable, you always consider factors relevant to relying on the neither confirm nor deny exemption in section 43(3).
Adequate
- You give some consideration to all of the factors relevant to whether you could release the requested information or any part of it.
- You give some consideration to factors relevant to establishing whether the requested information is a trade secret.
- You give some consideration to whether there is a commercial interest in the requested information, and not just a financial interest.
- You sometimes consider whether there is a logical connection between disclosing the requested information and the likely harm or prejudice to commercial interests.
- You sometimes thoroughly assess the likelihood of harm or prejudice (ie "would" or "would be likely" to prejudice) to commercial interests.
- You usually take an objective and evidence-led approach to assessing the balance of the public interest.
- Where applicable, you usually consider factors relevant to relying on the neither confirm nor deny exemption in section 43(3).
Unsatisfactory
- You rarely consider all of the factors relevant to whether you could release the requested information or any part of it.
- You rarely consider factors relevant to establishing whether the requested information is a trade secret.
- You rarely consider whether there is a commercial interest in the requested information, and not just a financial interest.
- You rarely consider whether there is a logical connection between disclosing the requested information and the likely harm or prejudice to commercial interests.
- You rarely assess the likelihood of harm or prejudice (ie "would" or "would be likely" to prejudice) to commercial interests.
- You rarely take an objective and evidence-led approach to assessing the balance of the public interest.
- Where applicable, you rarely consider factors relevant to relying on the neither confirm nor deny exemption in section 43(3).