A recent decision of the Information Tribunal gives some guidance on the use of s.43 of the Freedom of Information Act 2000 in relation to conflicts between disclosure and confidentiality following an FOI request. The Department of Work and Pensions had argued that revealing certain information in relation to its commercial contracts would reveal trade secrets as well as compromising its ability to get maximum value in future tenders. The Tribunal rejected this argument except in relation to a bidder's financial model (as it was confidential in nature, and its inclusion aided scrutiny in the public interest) and certain details relating to the location and specification of its data centre (on security grounds). Colleges and universities should continue to make clear to potential contractors the FOI consequences of bidding and contracting, but may be able to justify non-disclosure using s.43 FOIA 2000 in relation to confidential pricing models where inclusion assists scrutiny, and also in relation to details with security implications. For more on the story and a link to the decision, visit http://www.mms.co.uk/MMSKnowledge/email-news.aspx?pageid=53834#3, and for more information on FOI duties and exceptions, visit http://www.jisclegal.ac.uk/LegalAreas/FreedomofInformation.aspx.