Most of us are familiar with the Data Protection Act, and subject access requests. Those in the public sector, are also familiar with the Freedom of Information Act 2000, which can be used to request information on a wider basis.

However, there are important exemptions from disclosure under the FOI – including when the information requested is commercially sensitive.

BUT – there is a little known right contained in the Audit Commission Act 1998 (section 15), which gives any “persons interested” the right to inspect the accounts of a local authority (and a list of other named organisations) at the time of its annual audit. The right includes access to all books, deeds, contracts, bills, vouchers and receipts relating to the accounts, as well as the right to take copies of all of those documents.

An “interested person” could be a local council tax payer – who could, if he or she gets the timing right – have much greater access to information under this rule, than under the FOI Act, since section 15 has no exemption for commercially sensitive information (the only exemption relates to personal information).

So if you provide services to a local authority, or are funded by a local authority, be aware that your contractual documentation could be scrutinised by the local tax payers!