Line to take - LTT165 - Section 40 Process Chart

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  • FOI/EIR: FOI
  • Section/Regulation: s40
  • Issue: Section 40 Process Chart
  • Source: Policy Team
  • Details: n/a
  • Related Lines to Take: LTT57, LTT163, LTT164, LTT166
  • Related Documents: n/a
  • Contact: HD
  • Date: 26/03/2010
  • Policy Reference: LTT165
  • © Copyright Information Commissioner's Office, re-used with permission
  • Original source linked from here: LTT


Line to take

Process Chart for Section 40 Cases

Note: The starting point of this diagram is that it has already been established that the requested information is personal data.


Further Information

1. Would it be FAIR to disclose the requested information?

(Consider LTT163 on Fairness)

N.B. If the information is sensitive personal data, then this will usually weigh heavily in the assessment of fairness and a standard paragraph has been drafted to use in appropriate cases

2a. Yes, it would be fair.
Go to 3 (if sensitive personal data)
Go to 4 (if not sensitive data)


2b. No, it would not be fair.
End (do not disclose)


3. Can a SCHEDULE 3 condition be met?


3a. Yes, a Sch3 condition can be met.
Go to 4 (get signatory approval before drafting a DN ordering the release of sensitive personal data)


3b. No Sch3 condition can be met.
End (do not disclose)


4. Can all 3 requirements of SCHEDULE 2, CONDITION 6 be met?

(Consider LTT57 on Schedule 2, condition 6)

4a. Yes, all requirements of Sch2, con 6 can be met
Go to 5


4b. No, all requirements of Sch2, con 6 cannot be met.
End (do not disclose)

5. Would it be LAWFUL to disclose the requested information?

(Consider LTT166 on lawfulness)

5a. Yes, it would be lawful to disclose the information
Disclose


5b. No, it would not be lawful to disclose the information.
End (do not disclose)