Enterprise Act 2002

244 Specified information: considerations relevant to disclosure U.K.

(1) A public authority must have regard to the following considerations before disclosing any specified information (within the meaning of section 238(1)).

(2) The first consideration is the need to exclude from disclosure (so far as practicable) any [F1 information whose disclosure the authority thinks is contrary to the public interest] [F1 sensitive information].

(3) The second consideration is the need to exclude from disclosure (so far as practicable) [F2 —

(a) commercial information whose disclosure the authority thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

(b) information relating to the private affairs of an individual whose disclosure the authority thinks might significantly harm the individual’s interests.][F2 any commercial information or private information.]

(4) The third consideration is the extent to which the disclosure of the information mentioned in subsection (3)(a) or (b) is necessary for the purpose for which the authority is permitted to make the disclosure.

Textual Amendments

F1 Words in s. 244(2) substituted (24.5.2024 for specified purposes) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 326(3)(a), 339(2)(c)

F2 Words in s. 244(3) substituted (24.5.2024 for specified purposes) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 326(3)(b), 339(2)(c)

Modifications etc. (not altering text)

C1 S. 244 excluded (10.5.2018) by Financial Guidance and Claims Act 2018 (c. 10), s. 37(1)(f), Sch. 5 para. 11