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 

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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



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