FOIA Section 42 Exemption: Difference between revisions

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== Decision Notices ==
== Decision Notices ==
TBC
{{FOIA2000}}

Revision as of 20:13, 30 April 2010

Section 42: Legal Professional Privilege

Section 42 applies to information that would be subject to legal professional privilege if litigation were in progress. Legal professional privilege covers confidential communications between lawyers and clients and certain other information that is created for the purposes of litigation. Section 42 ensures that the confidential relationship between lawyer and client is protected.

Key points:

  • Whether information is subject to legal professional privilege is a question of law and it will very often be necessary to consult legal advisers in connection with this;
  • Advice from the Law Officers is also governed by section 35 and the Law Officers should be consulted where their advice is the subject of a request;
  • Section 42 is subject to a public interest balance. But, given the very substantial public interest in maintaining the confidentiality of legally professionally privileged material, it is likely to only be in exceptional circumstances that this will be outweighed by the public interest in disclosure.

What the law says

42 Legal professional privilege

(1) Information in respect of which a claim to legal professional privilege or, in Scotland, to confidentiality of communications could be maintained in legal proceedings is exempt information.
(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) in respect of which such a claim could be maintained in legal proceedings.

Decision Notices

TBC


Freedom of Information Act 2000
Exemptions
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