This is all very well but you still need to add the Public Interest Test
which may over rule the exemption.
The whole essence of the act is to to be open and transparent!!!
Tom Wilson
> Sec 45 Code of Practice = one of the objectives of this code quoting
> Kelvin Smith (tNA)is "to ensure that the interests of third parties who
> may be affected by the disclosure of information are considered" (K.S. -
> FoI - A practical guide to implementing the Act)
>
> Information Provided in Confidence = Information obtained from any
> person the disclosure of which would constitute a breach of confidence
> actionable by any person - One can conclude that Sec 41 provides for an
> Absolute Exemption.
>
> This exemption would also apply under Sec 27 & 30
>
> If correct, then one could deduce that culpability, and therefore, also
> liability for damage subsequent to disclosure is down to the public body
> making the disclosure, due to a failure in their duty of care.
>
> It is not enough to say that the ICO 'made me do it' (forgive the
> playground stuff!) we all have to consider the wider picture, when
> carrying out our actions.
>
> Regards
> Joseph
>
> Joseph Wisener BA Hon's Info Sci
> CAA EDRM System Manager
> Civil Aviation Authority
> Tel 01293 573962
> Email [log in to unmask]
> Web: www.caa.co.uk
>
> P Please don't print this email unless you really have to.
>
>
> -----Original Message-----
> From: The UK Records Management mailing list
> [mailto:[log in to unmask]] On Behalf Of Rob Hutton
> Sent: 19 July 2007 09:02
> To: [log in to unmask]
> Subject: Re: Confidential Records
>
> Surely if you have the appropriate clauses in your contracts with
> regards to FoI then both parties understand that there is a requirement
> for the public body to adhere to FoI legislation.
>
> Rob Hutton
> Corporate Knowledge and Information Manager
>
> * South Bedfordshire District Council
> The District Offices
> High Street North
> Dunstable
> Bedfordshire
> LU6 1LF
> * 0845 8496035
> Fax: 01582 474 012
> * mailto:[log in to unmask]
> " www.southbeds.gov.uk
>
> "Privileged/confidential information and/or copyright material may be
> contained in this email. This information and material is intended for
> the use of the addressee only, or the person responsible for delivering
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>
>
> -----Original Message-----
> From: The UK Records Management mailing list
> [mailto:[log in to unmask]]On Behalf Of Alan Redhead
> Sent: 19 July 2007 08:47
> To: [log in to unmask]
> Subject: Re: Confidential Records
>
>
> If ordered to release "confidential" information under Freedom of
> Information, would it be the public body, or the relevant Information
> Commissioner who would be sued?
>
> Here in Scotland, the Scottish Information Commissioner has said a
> confidentiality agreement is no cast iron guarantee that the information
> will be considered confidential.
>
>
> Alan Redhead
> Records Manager
> CalMac Ferries Ltd.
> Ferry Terminal
> Gourock PA19 1QP
> Tel: 01475 650334
>
>
>
>
>
> Richard Jeffrey-Cook
>
> <[log in to unmask]> To:
> [log in to unmask]
>
> Sent by: The UK Records cc:
>
> Management mailing list Subject: Re:
> Confidential Records
>
> <RECORDS-MANAGEMENT-UK@JISC
>
> MAIL.AC.UK>
>
>
>
>
>
> 18/07/2007 21:35
>
> Please respond to Richard
>
> Jeffrey-Cook
>
>
>
>
>
>
>
>
>
> Confidentiality is an important legal concept. Any information
> supplied, either with some form of confidentialiy agreement or where
> confidentiality is implied (such as a doctor/patient relationship) is
> confidential information.
>
>
> The Information Commissioner's office has suppied good guidance on
> confidentiality where it applies to Freedom of Information Act. Note
> that supplying information under FOIA does not prevent a public body
> being sued for a breach of confidence.
>
>
> What an organisation deems as "Company Confidential" is up to that
> organisation. Information in the public domain can never be regarded as
> confidential.
>
>
> Hope this helps.
>
>
> Richard Jeffrey-Cook
> In-Form Consult Ltd
>
>
>
> -----Original Message-----
> From: The UK Records Management mailing list on behalf of Claire Park
> Sent: Wed 18/07/2007 11:11
> To: [log in to unmask]
> Subject: Confidential Records
>
> Hello All
>
> Could anyone tell me what constitutes or defines a 'confidential
> document/record'?
>
> We are having a debate about this issue at the moment and the notion of
> confidentiality appears to be down to individual interpretation.
>
> Thanks
>
> Claire Park
> SIRO
> Cumbria County Council
> (01228)601019
>
>
>
> The next generation of Hotmail is here - Windows Live Hotmail
>
>
>
>
>
>
>
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