Don't know the detail of the English Act, but we would have include it in the publication scheme (with costs) and therefore class it as "otherwise available". Similarly for archives (although our Commissioner has indicated that he wants to clearly see "added value" for that).
Regards
Donald Henderson
Information Security Manager
Perth & Kinross Council
-----Original Message-----
From: The UK Records Management mailing list [mailto:[log in to unmask]] On Behalf Of Tony May
Sent: 07 June 2004 12:16
To: [log in to unmask]
Subject: FOI - exemption for chargeable service?
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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