FoI decision clarifies commercial interests exemption

In the first decision by the Information Commissioner regarding exemption 43(2) (prejudice to commercial interests), the Information Commissioner clarified the scope of the exemption. It was decided that disclosure of the price paid by a public authority for a work of art would prejudice both the commercial interests of the authority and the artist. The decision also emphasises the importance of the timing of the request to the applicability of this exemption and the public interest test. The decision also stated that prejudice to the artist alone would not have justified the non- disclosure, and so is a stark reminder to companies contracting with public authorities of the level of disclosure they should now expect.