RTI disclosure of tribunal order and show cause notice not barred by commercial confidence exemption.

A published tribunal order and the related show cause notice were not covered by the exemption for commercial confidence, trade secrets or intellectual property under Rule 8(1)(d) of the RTI Rules. Because the material related to a decided matter and disclosure would not prejudice any person, the claimed exemption could not be sustained. The CPIO was therefore required to provide the requested order-in-original and show cause notice.

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Issues: Whether the requested order-in-original and show cause notice were exempt from disclosure under Rule 8(1)(d) of the RTI Rules.

Analysis: The requested material related to a decided tribunal matter whose order had already been published. The exemption invoked was directed to information involving commercial confidence, trade secrets, or intellectual property, the disclosure of which would harm the competitive position of a third party unless larger public interest justified disclosure. The information sought did not fall within that category, and disclosure of the published order-in-original and the show cause notice would not prejudice any person.

Conclusion: The exemption was held inapplicable and the CPIO was directed to supply the information.

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