FOIA Section 24 Exemption: Difference between revisions
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* 12/05/2008 - [http://www.ico.gov.uk/upload/documents/decisionnotices/2008/fs_50090742.pdf FS50090742] - Cabinet Office - Complaint Not upheld | * 12/05/2008 - [http://www.ico.gov.uk/upload/documents/decisionnotices/2008/fs_50090742.pdf FS50090742] - Cabinet Office - Complaint Not upheld | ||
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Revision as of 11:51, 14 July 2008
Section 24: National Security
Section 24 applies to information whose exemption from the right of access is required for the purpose of safeguarding national security: in order to apply section 24, it will be necessary to decide whether any harm to national security might result from its disclosure.
Key points:
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DCA Guidance. |
Full DCA guidance: http://www.dca.gov.uk/foi/guidance/exguide/sec24/index.htm
Key points
- This exemption is subject to the public interest test.
- Check to see if a ministerial certificate has been issued or not.
What the law says
24 National security
- (1) Information which does not fall within section 23(1) is exempt information if exemption from section 1(1)(b) is required for the purpose of safeguarding national security.
- (2) The duty to confirm or deny does not arise if, or to the extent that, exemption from section 1(1)(a) is required for the purpose of safeguarding national security.
- (3) A certificate signed by a Minister of the Crown certifying that exemption from section 1(1)(b), or from section 1(1)(a) and (b), is, or at any time was, required for the purpose of safeguarding national security shall, subject to section 60, be conclusive evidence of that fact.
- (4) A certificate under subsection (3) may identify the information to which it applies by means of a general description and may be expressed to have prospective effect.
Decision Notices
- 11/07/2006 - FS50086063 - Cabinet Office - Complaint Upheld
- 27/02/2007 - FS50074788 - Northern Ireland Office - Complaint Not upheld
- 19/11/2007 - FS50101728 - Foreign and Commonwealth Office - Complaint Not upheld
- 28/02/2008 - FS50102023 - Cabinet Office - Complaint Not upheld
- 12/05/2008 - FS50090742 - Cabinet Office - Complaint Not upheld
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 |