I was asked the other day about how freedom of information copes with a
chargeable service (in providing information) currently provided by the local
authority.
An example of this is land charge searches. Local authorities currently obtain
an income in providing this service. But what will happen when FOI comes into
force in January?
If we charge at our current rates we would likely be going against any fee
guidelines, as a flat fee is charged.
One of the thoughts that I had was that perhaps this information could be exempt
under section 43 (copied below) as by not charging the full cost we would
definitely be prejudicing our commercial interests?
This same argument could also be used in the area of archive search requests.
Any thoughts?
Section 43.
(2) Information is exempt information if its disclosure under this Act would, or would be likely to,
prejudice the commercial interests of any person (including the public authority holding it).
Thanks
Tony May
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