FOIA Section 44 Exemption

From FOIwiki
Revision as of 22:17, 12 July 2008 by Alex skene (talk | contribs)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to navigationJump to search

Section 44: Prohibitions On Disclosure

Section 44 applies to three distinct categories of information:

  1. If there is an existing statutory bar to the disclosure of information by a public authority then that information will be exempt;
  2. If disclosure would be incompatible with a European Community obligation then the information will be exempt; and
  3. If disclosure would constitute or be punishable as a contempt of court at common law (for example because it would breach a court order) then it will be exempt.

Key points:

  • The Human Rights Act 1998 can be a statutory bar to the disclosure of information if to do so would breach one of the Convention rights that have been incorporated into domestic law;
  • Section 44 is not subject to any public interest balance.

What the law says

44 Prohibitions on disclosure

(1) Information is exempt information if its disclosure (otherwise than under this Act) by the public authority holding it—
(a) is prohibited by or under any enactment,
(b) is incompatible with any Community obligation, or
(c) would constitute or be punishable as a contempt of court.
(2) The duty to confirm or deny does not arise if the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) fall within any of paragraphs (a) to (c) of subsection (1).

Decision Notices

tbc