Member Article

It is just six months on from the introduction of the freedom of information regime, and there is already a wealth of advice and guidance available to public bodies on FOI. Private businesses however, are not as lucky. This article helps redress this imbalance. So, how do you think your business is faring? Do you think you have taken all steps necessary to safeguard your commercial interests, or is there still scope for improvement? Whatever your answer, it is worth taking time out to reflect on how your business has performed so far. An internal FOI compliance audit is an ideal way of doing this. These audits, which may be carried out in-house or with the help of external advisers, enable you to identify chinks in your FOI armour, and to take remedial action. Many public bodies have already successfully used public sector audits to help them improve their FOI compliance. Good private sector audits often focus on the impact of FOI on the procurement process. Scare stories abound of commercially sensitive tender information being erroneously released to the general public. To ensure that such stories remain fiction and not fact for your business, here are a few questions to get you started on your private sector audit: · Are you familiar with the legal reasons why a public body may withhold information, including information passed to it by private businesses? · In your dealings with the public sector, do you highlight commercially sensitive information that you do not believe should be released under FOI? Do you provide reasons for your stance? · Do you know that Scottish Executive procurement guidance encourages public bodies to allow private businesses to make representations before certain commercially sensitive information is released? If you cannot answer yes to these questions yet, make sure you can soon. A positive answer to these questions can help ensure that you are confident about your business’s FOI future.

 

Footnotes: Hazel Moffat is an associate specialising in public law with commercial law firm Shepherd+ Wedderburn +44 (0)1224 343 555