Waste PFI/PPP contracts are often of significant local or even regional interest and it is likely interested parties may seek to obtain information about the project by making requests under the Freedom of Information Act (FoI) or the Environmental Information Regulations (EIR). These requests may be directed at the Authority or the Contractor or a third party such as Defra that holds relevant information about the Contract.
In law there is a duty on the Authority to disclose information, when requested, except when:
a) the information requested falls into certain specified exceptions; and
b) if applicable, the public interest in maintaining the exception outweighs the public interest in disclosing the information.
The exceptions include information where disclosure would adversely affect the confidentiality of commercial information where confidentiality is provided by law to protect a legitimate economic interest.