FOIA Section 22 Exemption

Section 22: Information Intended For Future Publication Exemption

Section 2 may apply if there is an intention to publish the requested information at some future date. This ensures that the FOI Act does not force public authorities into premature publication of information.

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 balance.

Official DCA guidance: http://www.dca.gov.uk/foi/guidance/exguide/sec22/index.htm

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 DNs

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