FOIA Section 38 Exemption: Difference between revisions
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== Official Guidance == | == Official Guidance == | ||
Updated Ministry of Justice guidance: http://www.justice.gov.uk/docs/foi-exemption-s38.pdf | |||
ICO guidance: http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialist_guides/awareness_guidance_19_-_health_and_safety.pdf | * Updated Ministry of Justice guidance: http://www.justice.gov.uk/docs/foi-exemption-s38.pdf | ||
Previous DCA Guidance: http://www.dca.gov.uk/foi/guidance/exguide/sec38/index.htm | * ICO guidance: http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialist_guides/awareness_guidance_19_-_health_and_safety.pdf | ||
* Previous DCA Guidance: http://www.dca.gov.uk/foi/guidance/exguide/sec38/index.htm | |||
== What the law says == | == What the law says == | ||
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::(a) endanger the physical or mental health of any individual, or | ::(a) endanger the physical or mental health of any individual, or | ||
::(b) endanger the safety of any individual. | ::(b) endanger the safety of any individual. | ||
:(2) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, have either of the effects mentioned in subsection (1). | :(2) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, have either of the effects mentioned in subsection (1). | ||
== ICO Lines To Take == | |||
{{LTTInfoBox|exemption=FOI 38}} | |||
== Decision Notices == | == Decision Notices == | ||
Many of the ICO and Information Tribunal decision notices relating to this exemption are related to Speed Camera sites and prosecution data. Annual figures can be provided, but not for specific sites. | |||
* '''Information Tribunal decisions''' | |||
** http://www.informationtribunal.gov.uk/Documents/decisions/hemsley_judgment.pdf | |||
** http://www.informationtribunal.gov.uk/Documents/decisions/Bucks%20Free%20Press%20v%20Information%20Commissioner%20(18%20January%202007).pdf | |||
{{DNExemptionInfoBox|exemption=FOI 38}} | |||
{{FOIA2000}} |
Latest revision as of 19:23, 17 September 2010
Section 38: Health And Safety
Section 38 applies to information whose disclosure would be likely to endanger the physical or mental health or the safety of any individual.
Key points:
- The individual concerned does not have to be identifiable: section 36 can apply where there is a group or class of persons, any or all of whom are likely to have their health or safety endangered by disclosure;
- Section 38 is subject to a public interest balance.
Official Guidance
- Updated Ministry of Justice guidance: http://www.justice.gov.uk/docs/foi-exemption-s38.pdf
- ICO guidance: http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialist_guides/awareness_guidance_19_-_health_and_safety.pdf
- Previous DCA Guidance: http://www.dca.gov.uk/foi/guidance/exguide/sec38/index.htm
What the law says
38 Health and safety
- (1) Information is exempt information if its disclosure under this Act would, or would be likely to—
- (a) endanger the physical or mental health of any individual, or
- (b) endanger the safety of any individual.
- (2) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, have either of the effects mentioned in subsection (1).
ICO Lines To Take
Relevant Lines to Take |
Decision Notices
Many of the ICO and Information Tribunal decision notices relating to this exemption are related to Speed Camera sites and prosecution data. Annual figures can be provided, but not for specific sites.
- Information Tribunal decisions
Complaints upheld / partly upheld (P) | Complaints not upheld |
|
|
Includes DNs up to: 26 April 2010
Exemptions |
12 21 22 22A 23 24 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 |