FOI Public Interest Outweighs BBC Commercial Interests

The public interest test essentially facilitates accountability and transparency in the spending of public money and has to be applied even where the commercial interests of an institution such as the ability to successfully participate in a commercial activity are concerned.  The Information Commissioner’s Office (ICO) has ordered the disclosure of information relating to TV licensing contracts between the British Broadcasting Corporation (BBC) and Capita Business Services Ltd (Capita).  The BBC originally rejected the request believing that the release of the information would prejudice the commercial interests of the corporation and its contractors.  Whilst agreeing that the BBC was entitled to apply this exemption, the Commissioner decided that it was in the public’s interest for the information to be released and ordered full disclosure.   Detailed guidance on how the Freedom of Information commercial interest exemption applies is available on the ICO website at - http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialist_guides/awareness_guidance_5_-_commercial_interests.pdf.  The ICO announcement of the BBC story is available on the ICO website at - http://www.ico.gov.uk/.

Posted on 14/12/2010

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