Case II

Right to information on tender competition

Right to information on tender competition

The Department of Finance refused a request for access to records relating to the 1999 tender competition for the appointment of advisers to the Minister on the sale of ICC Bank. The refusal was on the grounds that the information had been given in confidence, and was commercially sensitive.

But the Commissioner said "once the contract was awarded, the successful tender information lost confidentiality". While she accepted certain details could be harmful to the competitive position of the affected parties, "I found that, on balance, the public interest was better served by the release of this information in light of the significant need for openness and accountability."