Line to take - LTT17 - Investigation of the reasonable opinion of the qualified person: Difference between revisions
From FOIwiki
Jump to navigationJump to search
Alex skene (talk | contribs) No edit summary |
Alex skene (talk | contribs) |
||
| Line 11: | Line 11: | ||
* {{Copyright-ICO}} | * {{Copyright-ICO}} | ||
==Line to take== | ==Line to take== | ||
Information can only be exempt by virtue of section 36 if, “in the reasonable opinion of a qualified person,” disclosure would or would be likely to lead to any of the adverse consequences identified in s.36 (2). In investigating cases involving s.36, case officers must: | |||
* Ascertain who is the qualified person/s for that particular authority | |||
* Establish that an opinion was given | |||
* Ascertain when the opinion was given | |||
* Consider whether the opinion given was reasonable in substance and reasonably arrived at | |||
==Further Information== | ==Further Information== | ||
Revision as of 21:09, 3 September 2010
- FOI/EIR: FOI
- Section/Regulation 36
- Issue: Investigation of the reasonable opinion of the qualified person
- Source: Internal discussion, Information Tribunal
- Details: Agreed by RT (08/09/2006) amendment agreed by GS (27/09/2007), Guardian & Brooke / BBC (8 January 2007), Mcintyre / MOD (4 February 2008), Home Office & MOJ (20 November 2008)
- Related Lines to Take: LTT21, LTT35, LTT118
- Related Documents: Awareness Guidance 25, EA/2006/0011 and EA/2006/0013 (Guardian & Brooke), EA/2007/0068 (Mcintyre), EA/2008/0006 (Home Office)
- Contact: LA
- Date: 03/02/2009
- Policy Reference: LTT17
- © Copyright Information Commissioner's Office, re-used with permission
- Original source linked from here: LTT
Line to take
Information can only be exempt by virtue of section 36 if, “in the reasonable opinion of a qualified person,” disclosure would or would be likely to lead to any of the adverse consequences identified in s.36 (2). In investigating cases involving s.36, case officers must:
- Ascertain who is the qualified person/s for that particular authority
- Establish that an opinion was given
- Ascertain when the opinion was given
- Consider whether the opinion given was reasonable in substance and reasonably arrived at
