It is important for governors to understand the status (ie. open, confidential or secret) of governing body papers, minutes and discussions. This will normally be set out in governing instruments or covered during induction. If not governors should consult the Clerk.
Some matters may be classified as confidential or secret, if they are commercially sensitive, or if they relate to named staff or students. Some business may be classified as Reserved, with staff and students expected to withdraw while it is discussed. Other than in such circumstances, it is common practice for governors’ business to be open to scrutiny. Governing bodies may establish criteria in discussion with their legal advisers about how decisions on confidentiality are made.
Following a recommendation in the Second Report of the Committee on Standards in Public Life, that institutions should publish key information including material on governance, in their annual reports, many institutions place reference and other documents on their web sites.
The Freedom of Information Act 2000 and Data Protection Act 1998 (and, for institutions in 
Scotland, the different provisions of the Freedom of Information (Scotland) Act 2002) will also help to define what should be confidential. In many cases, the presumption should be that governing body information will be regarded as open unless a specific exemption can be applied. Ultimately, an individual can complain to the Information Commissioner where it is believed that information has been unreasonably withheld.
More information can be found under Relevant legislation.