27. Freedom of information (FOI)
The Supplier is to be aware that the Council is bound by the Freedom of Information and the Environmental Information Regulations, so the release of contract information to the public is also governed by such regulations. Disclosure of contractual information will be dependant on exemptions and the public interest test. Suppliers are to be aware that agreements or confidentiality clauses in contracts may be invalid to the extent that they may exceed the exemptions or public interest. Although not a legal requirement, in accordance with the recommendation of Section 45 of the FOI Act, the Council will consult with Suppliers if their views would help to decide if contract related information is a) exempt or b) in the public interest. However the Supplier is to be aware that it is the Council, not the Supplier, who will decide whether information should be disclosed.