FOIA Section 33 Exemption: Difference between revisions

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== Section 33: Audit Functions ==
I'm impressed. You've raelly raised the bar with that.
 
Section 33 can only be used by public authorities which have financial audit functions in relation other public authorities or whose functions include examining the efficiency, effectiveness and economy with which other public authorities discharge their functions. Section 33 applies to information whose disclosure would be likely to prejudice the exercise of these functions.
 
Key points
* Section 33 only applies where one public authority has audit or monitoring functions in relation to another public authority. It does not apply where a public authority has such functions in relation to private sector bodies, nor does it cover internal audit and monitoring;
* Section 33 is subject to a [[Public_Interest_Test|public interest balance]].


== What the law says ==
== What the law says ==
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:(2) Information held by a public authority to which this section applies is exempt information if its disclosure would, or would be likely to, prejudice the exercise of any of the authority’s functions in relation to any of the matters referred to in subsection (1).
:(2) Information held by a public authority to which this section applies is exempt information if its disclosure would, or would be likely to, prejudice the exercise of any of the authority’s functions in relation to any of the matters referred to in subsection (1).
:(3) The duty to confirm or deny does not arise in relation to a public authority to which this section applies if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice the exercise of any of the authority’s functions in relation to any of the matters referred to in subsection (1).  
:(3) The duty to confirm or deny does not arise in relation to a public authority to which this section applies if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice the exercise of any of the authority’s functions in relation to any of the matters referred to in subsection (1).  
== ICO Lines To Take ==
{{LTTInfoBox|exemption=FOI 33}}


== Information Commissioner Decision Notices ==
== Information Commissioner Decision Notices ==


These decision notices involve Section 33:
{{DNExemptionInfoBox|exemption=FOI 33}}


* 27 November 2006 - [http://www.ico.gov.uk/upload/documents/decisionnotices/2006/fs_50070878.pdf FS50070878] - Department of Health - complaint upheld
* 12 December 2006 - [http://www.ico.gov.uk/upload/documents/decisionnotices/2006/fs50115610.pdf FS50115610] - The Independent Regulator of NHS Foundation Trusts, (MONITOR) - complaint upheld
* 28 February 2007 - [http://www.ico.gov.uk/upload/documents/decisionnotices/2007/decision_notice_fs50095679.pdf FS50095679] - Office of Government Commerce - complaint upheld
* 13 June 2007 - [http://www.ico.gov.uk/upload/documents/decisionnotices/2007/fs_50111129.pdf FS50111129] - Office of Government Commerce - complaint upheld (public interest test in favour of disclosure)




{{FOIA2000}}
{{FOIA2000}}

Latest revision as of 14:56, 13 December 2011

I'm impressed. You've raelly raised the bar with that.

What the law says

33 Audit functions

(1) This section applies to any public authority which has functions in relation to—
(a) the audit of the accounts of other public authorities, or
(b) the examination of the economy, efficiency and effectiveness with which other public authorities use their resources in discharging their functions.
(2) Information held by a public authority to which this section applies is exempt information if its disclosure would, or would be likely to, prejudice the exercise of any of the authority’s functions in relation to any of the matters referred to in subsection (1).
(3) The duty to confirm or deny does not arise in relation to a public authority to which this section applies if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice the exercise of any of the authority’s functions in relation to any of the matters referred to in subsection (1).

ICO Lines To Take

Relevant Lines to Take
  • LTT173 - Impact of disclosure under FOIA on the voluntary supply of information to regulatory bodies - 04/09/2010
  • LTT155 - Gateway Reviews are an audit function - 28/05/2009
  • LTT13 - Prejudice test - 05/01/2009


Information Commissioner Decision Notices

Complaints upheld / partly upheld (P) Complaints not upheld
  • FS50198232(P) - National Audit Office - 11/02/2010
  • FS50130293 - Office of Government Commerce - 10/06/2009
  • FS50123184 - Office for Standards in Education - 24/09/2008
  • FS50111129 - Office of Government Commerce - 13/06/2007
  • FS50095679 - Office of Government Commerce - 28/02/2007
  • FS50115610(P) - Monitor - 12/12/2006
  • FS50070878 - Department of Health - 27/11/2006
  • FS50132936 - Office of Government Commerce - 05/10/2006
  • FS50070196 - Office of Government Commerce - 31/07/2006
  • FS50083104 - HM Treasury - 31/07/2006

None

Includes DNs up to: 26 April 2010



Freedom of Information Act 2000
Exemptions
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