The law shall provide a sufficiently specific definition of what constitutes a business secret in relation to the public interest and at the same time it is specified that the information about price stipulated in public contracts is not a part of a business secret. Price for public service delivered by private entity should always be published.
If there was a precise definition of what constitutes a commercial secret in relation to public interest, and at the same time it would be specified that the information about the price in contracts between public institutions and private companies is not a part of such commercial secret, it would be possible to compare and effectively control how public institutions spend public funds and also it would be possible to prevent litigation about which information shall be made public and which not.
Sources:
- Lima declaration , INTOSAI, 1977, Section 23 (3)
- Public Money and Corruption Risks – A Comparative Analysis, Frank Bold, 2013, p. 82
- Vondráček, O., Havrda, M., 21 recipes – Anti-corruption cookbook, Recipe 10: On-line access to information about public institutions, December 2013
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Justification and sources