The WIDP Contract (Clause 84) requires each party to keep certain information received from the other party confidential and to use reasonable endeavours to prevent employees disclosing such information. The definition of Confidential Information includes:
a) information where the disclosure would harm the commercial interests of any person;
b) the trade secrets, IPR and knowhow of either party;
c) personal data, as defined by Data Protection Act 1998; and
d) Commercially Sensitive Information.
The provisions of the Contract itself are not counted as Confidential Information unless specifically identified as being commercially sensitive by being listed in Schedule 23 - Commercially Sensitive Information.
The obligation to keep Confidential Information confidential is subject to a list of exceptions. Amongst other things these allow the Authority to disclose such information to professional advisers, to Defra and to the Waste Collection Authorities provided that the receiving party agrees to keep the information confidential.
The WIDP Contract also restricts the Contractor's use of information that although not Confidential Information has to be managed carefully as it relates to members of the public. Thus, if the Contractor, in carrying out its obligations under the Contract, acquires any information about a member of the public then the WIDP Contract (Clause 84.7) prohibits the Contractor from disclosing or making use of that information (other than the purpose for which it was provided) without the prior written consent of that person and the Authority. In addition, on expiry of the Contract the WIDP Contract (Clause 84.8) requires the Contractor to deliver to the Authority, all information, held by the Contractor or Sub-Contractors, relating to members of the public.