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Enterprise Act 2002, Section 244 is up to date with all changes known to be in force on or before 28 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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 [F1information whose disclosure the authority thinks is contrary to the public interest] [F1sensitive 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.][F2any 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
F1Words 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)
F2Words 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)
C1S. 244 excluded (10.5.2018) by Financial Guidance and Claims Act 2018 (c. 10), s. 37(1)(f), Sch. 5 para. 11
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