Application of Schedule 3, section 8(1) RTI Act

Information can be exempt if its disclosure would found an action for a breach of equitable confidence or contractual confidence.  Identifying which applies to the information is necessary before the provision can be applied, as they have different criteria. Equitable confidentiality must satisfy four – and sometimes five – cumulative tests; contractual confidentiality requires a contract, supported by consideration, which contains a confidentiality clause.

Refer to Exempt information – Breach of confidence for guidance on applying this section.