Question reference: S2W-08511
- Asked by: Nicola Sturgeon, MSP for Glasgow, Scottish National Party
- Date lodged: 24 May 2004
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Current status: Answered by Cathy Jamieson on 8 June 2004
Question
To ask the Scottish Executive whether it considers that commercial confidentiality is a sufficient explanation for withholding information under the Freedom of Information (Scotland) Act 2002.
Answer
Under section 33 of the Freedomof Information (Scotland) Act 2002 information is exempt from disclosure if itsdisclosure would be likely to prejudice substantially the commercial interest ofany person. Before applying such an exemption however a public authority would haveto consider whether the public interest in disclosure is outweighed by the needto maintain exemption.