VisitScotland must release information
21 Jun 07
Information Commissioner says tourism body has to hand over contract details
The Scottish Information Commissioner has ordered VisitScotland to release details of contracts it holds with the company that operates its web booking system.
In a decision announced today, Kevin Dunion ruled that VisitScotland must hand over the information over its contract with the joint venture company eTourism Ltd to Alan Keith, chairman of the Association of Dumfries and Galloway Accommodation Providers, within 45 days. The contracts detail the financial and operational arrangements for the website.
Mr Keith contended that information about details of the agreements between eTourism and VisitScotland should be released to allow businesses to assess the impartiality of VisitScotland’s dealings with providers, advice and recommendations. He was also concerned about VisitScotland’s provision of advertising for eTourism and whether this was paid for or included in the agreements.
VisitScotland had originally refused to disclose all but five of the contracts, claiming the information was exempt under section 36(2) of the Freedom of Information (Scotland) Act 2002. Under this section, information provided to a public authority by a third party is exempt from release, where disclosure would constitute an actionable breach of confidence. Both conditions must be satisfied in order to claim this exemption.
However, after investigation, the Commissioner decided the information in the contract did not count as information provided by a third party to VisitScotland and that the section 36(2) exemption did not apply.
Mr Dunion said: “This is an important decision which has implications for authorities beyond this particular case. I have taken the view that when contracts are the outcome of negotiations between parties, it cannot normally be said that the concluded contract is information which has been obtained from another person.
"As a result, withholding the contract under the confidentiality exemption in the Freedom of Information (Scotland) Act is not justified."