LTT179 - Section 22 only applies to information clearly intended for publication
- FOI/EIR: FOI
- Section/Regulation: s22
- Issue: Section 22 only applies to information clearly intended for publication
- Related Lines to Take: n/a
- Related Documents: FS50121803
- Source: Decision Notice
- Details: FS50121803 Ministry of Justice (14/04/2009)
- Contact: VA
- Date: 12/07/2010
- Policy Reference: LTT179
- © Copyright Information Commissioner's Office, re-used with permission
- Original source linked from here: LTT
Line to take
In order to engage s22 (information intended for future publication) a PA must be able to show clearly which information within the scope of a request it intends to publish. It is not sufficient to say that it will identify for publication some, but not all, information within the scope of the request.
In FS50121803 the public authority had refused a request for prison-related information about several notorious convicted murderers. One of the exemptions upon which it relied was s22, on the grounds that it intended to place some of the requested information into the public domain via The National Archives (TNA). To do this, it planned to review all the information prior to transfer to TNA at some future date. It would have to undertake that exercise, since it was likely other exemptions would apply to some of the sensitive information.
Our Decision Notice rejects the authority's view that s22 was engaged. Although we agreed that at the time of the request it was clear that some or the information was destined for future publication, the authority could not specify which information that was.
In order to engage s22, a public authority must be able to clearly point to the specific information it intends to publish. The exemption will only apply to that information.
This line accords with the Information Tribunal's often expressed view that we must consider circumstances as they were at the time of a request.