Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment) Order 2024
Background
The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) Order 2024 (the “Order”) amends Part 9 of the Enterprise Act 2002 (the “Act”). Part 9 of the Act restricts the disclosure of certain information by public authorities where that information has been provided to the authorities by businesses or other organizations. The Order makes a number of changes to Part 9, including:
- Expanding the scope of information that is protected from disclosure. The Order expands the definition of “commercial information” that is protected from disclosure to include information that is not publicly available and that could reasonably be expected to harm the competitive position of the business or organization that provided the information.
- Creating a new “public interest” exemption to the disclosure restrictions. The Order creates a new public interest exemption to the disclosure restrictions. This exemption allows public authorities to disclose information that is protected from disclosure under Part 9 if they believe that the public interest in disclosing the information outweighs the harm that could be caused to the business or organization that provided the information.
- Clarifying the process for making requests for disclosure of information under Part 9. The Order clarifies the process for making requests for disclosure of information under Part 9. It sets out the information that must be included in a request and the timeframes within which public authorities must respond to requests.
Purpose of the Order
The Order is intended to strike a balance between the public’s right to know and the need to protect the confidentiality of commercial information. The changes made by the Order are designed to ensure that information that is genuinely commercially sensitive is protected from disclosure, while also allowing for the disclosure of information that is in the public interest.
Impact of the Order
The Order is likely to have a significant impact on the way that public authorities handle requests for disclosure of information under Part 9 of the Act. Public authorities will need to be more careful to consider the potential harm that could be caused to businesses and organizations by disclosing information, and they will need to have a clear process in place for dealing with requests for disclosure.
Conclusion
The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment) Order 2024 is a significant piece of legislation that will have a major impact on the way that public authorities handle requests for disclosure of information. The Order strikes a balance between the public’s right to know and the need to protect the confidentiality of commercial information.
The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment) Order 2024
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