Product category:
Printing Trade Organisations - including Allied Industry Bodies
News Release from: BPIF | Subject: Advice on the Freedom of Information Act
Edited by the Printingtalk Editorial
Team on 23 August 2005
Financial Implications Of Freedom Of
Information
The Information Commission has given its first indication of how it will deal with the Freedom of Information Act and requests for information after it was asked to adjudicate in a case.
The Information Commission has given its first indication of how it will deal with the Freedom of Information Act and requests for information after it was asked to adjudicate in a case relating to an art exhibition held at the National Maritime Museum, showing the pictures of artist Conrad Shawcross The BPIF has previously warned printers (BPIF Action, May 2005) to be aware that information they would rather not be disclosed to a third party might now be given out without reference to them if they are dealing with public authorities
This article was originally published on Printingtalk on 26 Aug 2005 at 8.00am (UK)
Related stories
BPIF Highlights Issue With Race Laws
Employment Appeal Tribunal decision 'makes a nonsense of Race laws', according to the BPIF.
Survey Predicts Growth Of Colour Ink Jet
I.T. Strategies estimates that in 2002 almost 212 billion pages were printed on ink jet and colour EP printers.
In the case of the National Maritime Museum, a request was made for information on any payments made by the Museum to Mr Shawcross.
The request was turned down by the Commission, not because it was concerned about protecting Mr Shawcross' commercial interests, but because the Museum was in the middle of negotiating a similar project with another artist.
The Commission took the view that "premature release of the financial arrangement between Mr Shawcross and the Museum would be likely to prejudice the Museum's bargaining position".
Further reading
90% Of Printers Expect 2005 To Be Better Than 2004
2005 will be a good year for commercial printers, according to newly-released research.
Survey Report Makes Call For Government Grants
Old habits may die hard, but UK SME manufacturers, helped by a big increase in property values, are adapting to international competition from low cost employment countries like China.
Given that the Museum was dealing with public funds it was important to ensure it got the best deal it could and therefore Mr Shawcross' information remains confidential for now.
It seems clear from this decision that whilst financial negotiations are ongoing, the public authority is entitled to keep to itself the details, but the implication is that, once negotiations are concluded, the details may be revealed.
The likelihood of anyone's commercial interests being prejudiced decreases over time.
Anne Copley, the BPIF's Head of Legal, said the decision is a reminder to printers to manage the information they release to public authorities and to continue to be aware that any information they do release, for example financial and other details provided in the course of a tendering process, is at risk of being disclosed to anyone who asks with neither their permission nor even their knowledge.
She continued: "Although in this case the public authority was vindicated in its refusal to disclose information, the Commissioner has recently urged public authorities not to fear precedent and to make all decisions on a case by case basis - they could quite easily decide in broadly similar circumstances to go ahead with the disclosure.
"This decision does give one glimmer of hope - the Commission was particularly mindful of the fact that commissioning works of art is not a 'core activity' of the Museum and is therefore subject to greater scrutiny.
It is to be hoped that the printing of documents and leaflets is considered part of a local authority's core activity, and therefore printers have a better chance of their information remaining confidential".
To talk to someone from the BPIF legal department, call the telephone number on the Company Contact Details web page.
• BPIF: contact details and other news
• Email this article to a colleague
• Register for the free Printingtalk email newsletter
• Printingtalk Home Page
Search the Pro-Talk network of sites
