FOIA Section 37 Exemption: Difference between revisions
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* 12 March 2008 - [http://www.ico.gov.uk/upload/documents/decisionnotices/2008/fs_50119029.pdf FS50119029] - House of Lords Appointments Commission - upheld, public interest test in favour of disclosure | * 12 March 2008 - [http://www.ico.gov.uk/upload/documents/decisionnotices/2008/fs_50119029.pdf FS50119029] - House of Lords Appointments Commission - upheld, public interest test in favour of disclosure | ||
* 24 April 2008 - [http://www.ico.gov.uk/upload/documents/decisionnotices/2008/fs_50088853.pdf FS50088853] - HM Treasury - not upheld | * 24 April 2008 - [http://www.ico.gov.uk/upload/documents/decisionnotices/2008/fs_50088853.pdf FS50088853] - HM Treasury - not upheld | ||
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Revision as of 14:36, 15 July 2008
Section 37: Communications With Her Majesty, With Other Members Of The Royal Household, And The Conferring By The Crown Of Any Honour Or Dignity
Section 37 applies to two categories of information:
Information relating to communications with Her Majesty, other members of the Royal Family or the Royal Household; and Information relating to the conferring by the Crown of any honour or dignity.
Key points:
- It is a fundamental constitutional principle that communications between the Queen and her Ministers are essentially confidential in nature: in most situations, the public interest in disclosure is likely only exceptionally to outweigh the public interest in maintaining this aspect of the exemption;
- In respect of both parts of this exemption, public authorities should be alive to the need to consult relevant departments or private offices;
- The exemption applies in relation to deceased members of the Royal Family;
- Section 37 is subject to a public interest balance
What the law says
37 Communications with Her Majesty, etc. and honours
(1) Information is exempt information if it relates to—
- (a) communications with Her Majesty, with other members of the Royal Family or with the Royal Household, or
- (b) the conferring by the Crown of any honour or dignity.
(2) The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1).
Official Guidance
DCA Guidance: http://www.dca.gov.uk/foi/guidance/exguide/sec37/index.htm
Decision Notices
- 12 March 2008 - FS50119029 - House of Lords Appointments Commission - upheld, public interest test in favour of disclosure
- 24 April 2008 - FS50088853 - HM Treasury - not upheld
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