Following a complaint about the National Gallery's refusal to disclose information about unsuccessful negotiations to buy a painting from a private individual, the Information Commissioner's Office has decided that the information was exempt from disclosure under section 43 of the Freedom of Information Act 2000, because its disclosure would deter others from approaching the Gallery with offers to sell it works of art in the future, and might also prejudice any future attempts by the Gallery to buy the painting in question. The decision sets out useful points of comparison with another case, involving the National Maritime Museum, in which the Information Tribunal decided that the Museum did have to disclose similar information (see Legal update, Information Tribunal considers FOIA "commercial interest" exemption).

Case: ICO decision notice, 21 May 2007.