Confidential Information

It is important to understand that the term 'confidential' as it relates to information and publications has come under greater scrutiny with the introduction of the Freedom of Information Act (FOIA). Much of what was historically viewed as confidential is not now regarded as such since the FOIA came into place in January 2005. The Act defines 23 exemptions, to some of which the University has recourse and others to which it does not. In order to clarify whether information is viewed as confidential, those responsible for creating content are asked to consider whether that content:

• Contains personal data about identifiable living individuals, especially sensitive personal data
• Puts the health and safety of identifiable living individuals at risk
• Constitutes a trade secret
• Is likely to prejudice the commercial interests of the University
• Has been provided in confidence
• Relates to areas and issues of National Security
• Is subject to legal professional privilege
• Contains communication with the Royal Household

If none of these concerns is immediately identifiable it is unlikely that the information will be viewed as confidential.

Furthermore, in most cases, the public interest in providing the information has to be weighed against the public interest in retaining the information, above and beyond whether the exemption applies.

Information Commissioner's guidance on The Public Interest Test

Blanket exemptions on content, for example routinely stamping documents as Confidential, will not be acceptable.

These considerations need to be balanced against the content of departmental records and documents. If there is material that is viewed as commercially sensitive or contains personal data, then this must be highlighted and identified as such. It must be explicit in the context of the department's records and documents and the infrastructure (e.g. filing or classification schemes) within which they are being managed. It must also be easily recognisable to those dealing with them on a regular basis.

As the Act is retrospective, requests for older records or documents will also have to be considered with the above in mind.

Any guidance or procedures establishing a framework within which to work must therefore be based upon sound interpretation of the requirements of the FOIA.