Information Tribunal considers scope of breach of confidence exemption under FOIA | Practical Law
In a case concerning Ryanair and Derry City Council, the Information Tribunal has upheld a decision of the Information Commissioner and concluded that information relating to the financial arrangements governing Ryanair's use of Derry City Airport should be disclosed to the public. The Tribunal concluded that the Council's commercial interest in not disclosing the information was outweighed by the public interest in the debate surrounding airport subsidies by public authorities. It also held that that the Council could not rely on the exemption contained in section 41 of the Freedom of Information Act 2000, that disclosure of the information would make it vulnerable to a claim for breach of confidence from Ryanair. The Tribunal held that the exemption does not cover information about commercial arrangements between the public authority and its contractual partners.