Fwd: [foianet] Principles on commercial confidentiality and open contracting: comments please!


(Andreas Pavlou) #1

Dear all,
The Center for Global Development’s Working Group on Commercial
Confidentiality
https://www.cgdev.org/blog/help-us-come-principles-commercial-confidentiality-open-contractingis
looking at the question of when is it legitimate to redact commercially
sensitive information from public contracts.
The working group, chaired by Caroline Anstey and including experts from
government, private sector and civil society and has come up with a short
set of principles on commercial confidentiality in open contracts:

  1. Full contract publication should be the norm—redaction should be
    the exception, supported by a public interest justification.
  2. Government contracting processes should be designed for
    transparency.
  3. There should be an enforcement system for ensuring that contracts
    and contract information is in fact disclosed in practice and in a usable
    form.
  4. Where there is not an up-front requirement for full publication,
    any redaction for commercial sensitivity should be based on a robust
    application of the public interest test.
  5. The “public interest test” should take into account the economic
    benefits of the sharing of commercial information, such as more competitive
    public contracting, as well as the broader case for the public’s right to
    know.
  6. It is particularly important that the pieces of information needed
    to judge value for money are disclosed.
  7. Governments should issue clear guidance to public entities,
    agencies and firms on the issue of when contract information may be
    exempted from publication on the basis of commercial sensitivity to set
    clear expectations and reduce uncertainty.
  8. When a case-by-case redaction approach is used, only the
    contracting party that claims potential direct financial harm from a
    specific release of information should be able to request redaction of
    information.
  9. When a case-by-case redaction approach is used, there should be a
    clear process and time limits for determining what is redacted in
    individual contracts, why, for how long, and with what appeals process.
  10. Redaction on the grounds of commercial confidentiality should be
    grounds for increased scrutiny through other oversight mechanisms.

(longer text in the link to the draft set of principles
https://docs.google.com/document/d/1XbDe2GKv5NT-zbkeCkY7PSxsu-BuM4sZcrpDkxX1EWg/edit
)

It would be great to get feedback from the FOIA activist community …
send me an email or fill in the survey
https://www.surveymonkey.co.uk/r/SXF8M5R

With best wishes

Maya

Maya Forstater
Visiting Fellow, Centre for Global Development


Phone: +44 (0)1727 833 200
Mobile: +44 (0) 7966676465
Skype: maya.forstater
Web: www.hiyamaya.wordpress.com
Twitter: MForstater

*Beyond the big numbers: new paper *- Tax and Development Frontiers of
Research and Action
https://www.cgdev.org/blog/tax-and-development-beyond-big-numbers