FOIA Section 22 Exemption

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Section 22: Information Intended For Future Publication Exemption

Section 22 exempts information requested by an applicant if it is intended for future publication..

Key points:

  • Section 22 may apply even if the specific date for publication has not yet been determined but the proposed publication timetable must be reasonable in all the circumstances;
  • Section 22 will only apply if a public authority has decided, before the request is received, to publish the information concerned.
  • Section 22 is subject to a public interest test.
MoJ summary guidance.

More detailed MoJ guidance: http://www.justice.gov.uk/guidance/docs/foi-exemption-s22.pdf

ICO Factsheet

What the law says

22 Information intended for future publication

(1) Information is exempt information if—
(a) the information is held by the public authority with a view to its publication, by the authority or any other person, at some future date (whether determined or not),
(b) the information was already held with a view to such publication at the time when the request for information was made, and
(c) it is reasonable in all the circumstances that the information should be withheld from disclosure until the date referred to in paragraph (a).
(2) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would involve the disclosure of any information (whether or not already recorded) which falls within subsection (1).


ICO Lines To Take

Relevant Lines to Take
  • LTT179 - Section 22 only applies to information clearly intended for publication - 07/12/2010
  • LTT107 - No prejudice / adverse effect test for class based exemptions / exceptions - 20/06/2008


ICO Decision Notices

Complaints upheld / partly upheld (P) Complaints not upheld
  • FS50211630 - Chief Constable of Lancashire Constabulary - 28/10/2009
  • FS50165492 - Bridgend County Borough Council - 22/10/2009
  • FS50121838 - Crown Prosecution Service - 23/06/2009
  • FS50121803 - Ministry of Justice - 14/04/2009
  • FS50141966(P) - University of Westminster - 12/02/2009
  • FS50115636 - Ministry of Justice - 13/02/2008
  • FS50010888 - NHS Direct - 30/07/2007
  • FS50124612 - Rent Service - 24/07/2007
  • FS50115610 - Monitor - 12/12/2006
  • FS50081543 - Department for Transport - 29/11/2006
  • FS50123357 - Department of Education (NI) - 21/09/2006
  • FS50097759 - South Shropshire District Council - 17/08/2006
  • FS50067992 - Department for Constitutional Affairs - 12/04/2006
  • FS50070741 - Monmouthshire County Council - 29/03/2006
  • FS50209662 - House of Commons - 27/07/2009
  • FS50094226 - Pesticides Safety Directorate - 05/02/2007
  • FER0070181 - Department for Communities and Local Government - 27/07/2006

Includes DNs up to: 26 April 2010



Freedom of Information Act 2000
Exemptions
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