Consulting with other public authorities or third parties
When considering the information to be released, you should check whether any third party may have sent or supplied the information, or have a close and direct interest in it. Your department may hold third party information concerning:
- contracts
- tendering for contracts
- other commercial information
- information provided by foreign governments
- information provided by other public authorities
- personal information about individuals
Consultation with third parties may play an important part in considering whether exemptions apply, particularly those relating to information provided in confidence, commercial sensitivity and relations with devolved and international partners. Even where information is not exempt, you may need to think about informing third parties or obtaining their views on the release of the information.
However, it is important to remember that any views expressed by third parties concerning the release of information provided by them to your department are not binding on your authority.
Your department holds the information, and as you hold the information, you are under the statutory duty to provide access to the information, not the third party.
The only real exception to this is when the third party considers that the release of the information would be an actionable breach of confidence. If this is the case, you should take legal advice. Your department has to take the final view as to whether information should be released and a refusal by a third party to consent to the release of information is not binding on you.
If you consider that consulting with third parties is necessary, you may wish to consider involving your freedom of information specialist.
In relation to requests for MPs' correspondence, the MP concerned should be consulted in all cases.
The Information Commissioner's Office has produced guidance on dealing with requests for MPs' correspondence: see the 'Guidance on dealing with requests for MPs' correspondence relating to constituents'.
Part IV of the Code of Practice under section 45 of the Freedom of Information Act addresses consulting with third parties and other government departments.
If another public authority has an interest in the requested information then it may also be appropriate to consult that public authority about the release of the information.