Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

Section 36 of the Freedom of Information Act 2014 sets out an exemption provision under which an FOI request can be refused where the requested information includes commercially sensitive information of a third party. This provision requires that decision makers should consider, before reaching a final determination, whether "the public interest would, on balance, be better served by granting than by refusing to grant the FOI request". The Deputy may also wish to have regard to section 35 of the 2014 Act, which provides for an exemption from release where information has been provided in confidence to an FOI body by a third party. This exemption is often of relevance where commercial arrangements exist between public bodies and third parties and is again subject to a public interest test. These exemption provisions were designed to protect the legitimate interests of third parties, in particular commercial interests, without placing a disproportionate restriction on the right of access to information.

The FOI central policy unit in my Department provides advice and guidance for FOI bodies and the general public on the appropriate procedures for processing requests. The unit has published a number of guidance notes and manuals. Of particular relevance are FOI central policy unit notice No. 4 relating to information obtained in confidence by an FOI body, notice No. 5 relating to FOI and public procurement, notice No. 8 relating to third party consultation and manual Part 2, chapter 10, on commercially sensitive information. All of these notes and parts of manuals are available on my Department's website. Ultimately, it is the role of the Information Commissioner and the courts to reach authoritative determinations on the interpretation of the Freedom of Information Act 2014.

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