FOIA Section 33 Exemption

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Revision as of 20:18, 30 April 2010 by Alex skene (talk | contribs) (moved Section33 to FOIA Section 33 Exemption: to avoid clash with FOISA s33)
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Section 33: Audit Functions

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 balance.

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).

Information Commissioner Decision Notices

These decision notices involve Section 33:

  • 27 November 2006 - FS50070878 - Department of Health - complaint upheld
  • 12 December 2006 - FS50115610 - The Independent Regulator of NHS Foundation Trusts, (MONITOR) - complaint upheld
  • 28 February 2007 - FS50095679 - Office of Government Commerce - complaint upheld
  • 13 June 2007 - FS50111129 - Office of Government Commerce - complaint upheld (public interest test in favour of disclosure)


Freedom of Information Act 2000
Exemptions
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