Commercial-in-Confidence - Time for a Rethink?

(2002) 102 FoI Review 67-69

4 Pages Posted: 18 Dec 2014

Date Written: December 16, 2002

Abstract

Commercial-in-Confidence – Time for a Rethink? poses the question of whether, in a radically altered economic market, commercial-in-confidence exemptions should be reformed to better reflect contemporary expectations. The article argues that since the 1990s, there has been substantial variation in the nature and type of commercially related requests. Many legislative provisions reflect the insubstantial sensitivity of requests prior to current times. Requests appear today more comprehensive both in volume of documents and the period of time to which the request relates. They are also legally and politically orientated, made by a diverse range of actors and for broader purposes. The article suggests reform should consider the multitude of relevant interests both individual commercial interests and broader economic and democratic ones. Recent South Australian reforms reflect this approach. They attempt to balance interests by making contracts publicly available unless considered genuinely confidential and the detrimental consequences of release outweigh broader social considerations.

Keywords: Commercial-in-Confidence, FOI, Freedom Of Information, reform

Suggested Citation

Snell, Rick Douglas, Commercial-in-Confidence - Time for a Rethink? (December 16, 2002). (2002) 102 FoI Review 67-69, Available at SSRN: https://ssrn.com/abstract=2539335

Rick Douglas Snell (Contact Author)

University of Tasmania ( email )

French Street
Sandy Bay
Tasmania, 7250
Australia
61362262062 (Phone)
61362267623 (Fax)

HOME PAGE: http://www.ricksnell.com.au

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