FOIA Section 24 Exemption: Difference between revisions
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== Section 24: National Security == | == 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. | {{Quote box | ||
| quote = 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: | Key points: | ||
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* Section 24 is subject to a public interest balance. | * Section 24 is subject to a public interest balance. | ||
* A ministerial certification procedure exists where it becomes necessary to rely on this exemption. | * A ministerial certification procedure exists where it becomes necessary to rely on this exemption. | ||
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| halign = left | source = [http://www.dca.gov.uk/foi/guidance/exsumm/sec24.htm DCA Guidance]. | |||
}} | |||
Full DCA guidance: http://www.dca.gov.uk/foi/guidance/exguide/sec24/index.htm | 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|public interest test]]. | |||
* Check to see if a ministerial certificate has been issued or not. | |||
== What the law says == | == What the law says == | ||
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:(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. | :(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. | :(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. | ||
== ICO Lines To Take == | |||
{{LTTInfoBox|exemption=FOI 24}} | |||
== Decision Notices == | == Decision Notices == | ||
{{DNExemptionInfoBox|exemption=FOI 24}} | |||
{{FOIA2000}} |
Latest revision as of 19:26, 17 September 2010
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:
| |
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.
ICO Lines To Take
Relevant Lines to Take |
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Decision Notices
Complaints upheld / partly upheld (P) | Complaints not upheld |
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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 |