Section 43 exempts information whose disclosure would be likely to prejudice
the commercial interests of any person. It also includes a specific exemption
for trade secrets.
Key points:
Section 43 protects not only the commercial interests of third parties
but also the commercial interests of the public authority that holds
the information;
Public authorities will need to bear in mind that the commercial sensitivity
(particularly the market sensitivity) of information will usually decrease
with time;
Section 43 is subject to the public interest test.
