Freedom of Information (FOI) law in the UK is designed to promote openness and transparency in public authorities. However, there are important rules, exemptions, and processes that shape how information is handled. Below, we address some of the most common questions relating to commercial confidentiality, re-use of information, response timescales, and “clock pauses.”
________________________________________________________________________________________________
What is the Commercial Confidentiality Exemption?
The commercial confidentiality exemption falls under Section 43 of the Freedom of Information Act 2000. It allows a public authority to withhold information if releasing it would, or would be likely to, prejudice the commercial interests of any individual, company, or the authority itself.
The exemption is designed to protect fair competition, business viability, and economic interests. Importantly, it is a qualified exemption, meaning that the public interest test must be applied. Authorities must weigh whether the benefit of disclosing the information outweighs the potential harm to commercial interests. Read more about this exemption here.
Can You Give Some Examples of Commercially Sensitive Information?
Commercially sensitive information comes in many forms, but common examples include:
- Trade secrets – such as formulas, manufacturing processes, or software code not available to competitors.
- Pricing structures – details of bids, tenders, or negotiated rates that could disadvantage a company in future procurements.
- Customer or client lists – information that reveals business relationships and could be exploited by competitors.
- Business strategy documents – such as market analyses, expansion plans, or product launch timetables.
- Supplier agreements and contracts – where disclosure might impact negotiations or reveal advantageous terms.
In each case, the authority must carefully assess the sensitivity of the information and the risks of disclosure.
Can You Reuse Information Received Under FOI?
Yes, but with conditions. Information released under the Freedom of Information Act is generally considered to be made available to the world at large, not just the requester. This means others can also access it once released.
However, the re-use of information is governed by the Open Government Licence (OGL), unless otherwise stated. The OGL allows copying, publishing, distributing, and adapting the information for both commercial and non-commercial purposes, provided the source is acknowledged.
Exceptions exist where copyright, database rights, or other licensing restrictions apply. Requesters should always check the accompanying notice or guidance when re-using FOI material.
- learn more about the reuse of information released under freedom of information here
Sign Up Here:
________________________________________________________________________________________________
When Does the Clock Restart After a “Clock Pause” Under FOI?
The 20 working day statutory deadline for FOI responses can be “paused” in limited circumstances, most commonly:
- When the authority seeks clarification of the request from the applicant.
- When a fees notice is issued because the cost of compliance exceeds the threshold.
In both scenarios, the clock stops on the day clarification or the fees notice is issued. The clock resumes the next working day after the applicant provides the required clarification or payment.
This ensures that applicants are not disadvantaged by time lost while they respond to the authority’s query. You can find out more about clock pauses here.
What Are FOI Response Timescales?
Under the Freedom of Information Act 2000, public authorities must normally respond to requests within 20 working days.
There are, however, specific exceptions and extensions:
- Clarification or fee notice pauses – the deadline is extended by however long it takes the applicant to respond.
- Public interest test extensions – when a qualified exemption is applied, an additional period may be allowed if more time is needed to weigh the public interest.
- Environmental Information Regulations (EIRs) – where environmental data is requested, the timescale can extend to 40 working days if the request is unusually complex.
Authorities should always inform the requester promptly if they need more time and explain why.
- You can learn more about freedom of information response timelines here.
Final Thoughts: Freedom of Information
Freedom of Information legislation balances transparency with legitimate protections for sensitive material. Understanding the nuances of exemptions, response times, and re-use rights helps both requesters and public authorities navigate the system fairly and effectively.
________________________________________________________________________________________________
Gain the practical skills you need work with Freedom of Information and GDPR with these five-star rated training course.
Available in person, online or in-house the focus on practical skills and unique post-course support you get by learning with us will ensure you and your organisation can tackle this key governance activity with confidence.
