FOI Information FOI Information Managers’ Course Managers’ Course

Session 2Session 2

Freedom of Information Unit&

Civil Service College of the Cayman Islands

Interpretation of terms Exemptions:

– Security, defence, international relations– law enforcement – legally privileged information– confidential information– Cabinet documents– effective conduct of public affairs – commercial information– endangered species, heritage information – personal information– health and safety

How to apply the public interest test Ministerial certificates Severance / Redaction

Session 2 - OverviewSession 2 - Overview

Why are there Why are there Exemptions?Exemptions?

There are some types of information which would not be in the interest of the public or the country to disclose e.g national security.

Grounds for refusal also exist in recognition that the information may be already available by another means and to ensure the rights of access are not abused e.g. vexatious requests

ExemptionsExemptions

S. 6 of the law establishes the legally enforceable right of access to records

This right does not apply to exempt records.

The burden of proof that a document is exempt is for the public authority - s.43(2) and 47(2)

ExemptionsExemptions Most of the exemptions are qualified

exemptions, while some include a public interest test.

The exempt status of a document may change due to the passage of time or changes in circumstances.

An exemption from disclosure does not apply after the document has been in existence for twenty years from the date of creation (s.6), except the exemption for heritage sites (75 years) and personal information (forever).

Partial Access / RedactionPartial Access / Redaction

Parts of the document which contain exempt material can be deleted and the rest of the document released (s.12)

If this occurs the IM is required to inform the applicant that the document is a copy and the relevant exemption provisions

Exemptions: Public Interest Exemptions: Public Interest TestTest

NO Public Interest Test (absolute)

15 16 17 19(1)(b) 20(1)(a)

Public Interest Test 18 19(1)(a) 20(1)(b) 20(1)(c) 20(1)(d) 21 22 23 24

ExemptionsExemptions

Some exemptions are based on the expected

harm of disclosure of the content of a record• e.g. s.22 (heritage, endanger animal or

plant life)

Others apply to a certain type of documentwithout reference to the effects of disclosure• e.g s.17(a) (legal privilege)

Applying ExemptionsApplying Exemptions

In applying the exemptions IMs should:– keep in mind the objects of the Law– consider the wording of the exemption– examine the documents line by line– weigh carefully the public interest in disclosure

against the interests in withholding information– provide good, cogent reasons for exempting– delete (redact) the exempt segments if

possible

More than one exemption may apply to the same record or part of a record

Interpretation of common Interpretation of common words in exemptionswords in exemptions

S.18 (national economy) – “substantial adverse effect”: – “Substantial” – severe, of some gravity,

weighty- requires some loss or damage that is not trivial

S.16 (law enforcement) – “would or could reasonably be expected to”– The IM must have real and substantial grounds

for the expectation that harm could occur which are not irrational, imaginary or contrived.

The Public The Public Interest TestInterest Test

What does “public interest” meanWhat does “public interest” mean ? ?

S.6(5) of the law provides that where the factors in favour of disclosure and non-disclosure are equal, the doubt is to be resolved in favour of disclosure subject to the public interest test

“Public Interest” is defined in the FOI (General) Regulations

What does “public interest” meanWhat does “public interest” mean ? ?

Would the release of information: – promote greater public understanding of the

processes or decisions of public authorities– provide reasons for government decisions– promote government accountability– promote accountability for public expenditure or

the more effective use of public funds– improve the quality of services provided by

government and the responsiveness of government to the needs of the public

– deter or reveal wrong doing or maladministration

– reveal information relating to the health or safety of the public, quality of the environment or heritage sites, or measures to protect any of these;

– reveal untrue, incomplete or misleading information or acts of a public authority

What is not relevant to the Public What is not relevant to the Public InterestInterest ? ?

In deciding whether the release of information

would be in the public interest, IMs should NOT

take into account:

the possible embarrassment of government or public authority officials

possible loss of confidence in government or public authority

the seniority of persons involved in the subject matter

the risk of misinterpretation of the information by the applicant

The public interest testThe public interest test

Does an exemption apply to the record? If Yes - Is it absolute? Yes - Exempt If not absolute – look to effect of disclosure

and apply the public interest test List the factors which are both for and

against disclosure Weigh up the various factors and decide

either in favour of disclosure or non-disclosure

Explain your decision

“Public Interest”

Balancing Public Balancing Public InterestsInterests

Against release:Against release:

Harm to privacyHarm to privacy

Harm commercial Harm commercial interestsinterests

Harm national securityHarm national security

Harm to proper workings Harm to proper workings of governmentof government

In favour of In favour of release:release:

TransparencyTransparency

AccountabilityAccountability

Public health and Public health and safetysafety

Justice to individualJustice to individual

Public participationPublic participation

What is the public What is the public interest?interest?

Public interest means that there is a benefit to the public in certain information being made available.

It does not mean “of interest to the public” but “in the interest of the public”

It is a balancing exercise and you may be called to provide evidence for what are the adverse consequences of release.

What is the public What is the public interest?interest?

The public interest will also vary over time Eg: In the USA, the authorities decided not to

release security camera video footage from inside the World Trade Center on 11 September 2001

It was considered too distressing to the families of those who died

A year later the footage was released It was decided that there was an overriding

public interest in knowing how people had evacuated the building. This had lessons for future design and construction of buildings.

Public Interest TestPublic Interest Test S.18: records affecting the national economy S.19(1)(a): opinions, advice or

recommendations prepared for Cabinet S.20(1)(b),(c),(d): inhibit free and frank

exchange of views,legal advice of Attorney General, prejudice effective conduct of public affairs

S.21: commercial interests S.22: heritage sites and environment S.23: personal information S.24: endanger health or safety

The Exemptions

Security Defence International Relations

15 (a)- Security, Defence, International 15 (a)- Security, Defence, International RelationsRelations

Disclosure that would prejudice Cayman’s security or defence or international

relations could include information that would aid:

Foreign intervention, espionage, terrorism or sabotage

Foreign influenced activities that would be detrimental to Cayman’s interests or involve a threat to the Islands

15(a) - Security, Defence, International 15(a) - Security, Defence, International RelationsRelations

International relations is defined in terms of a country’s ability to maintain good working relations with overseas governments and international organisations

“Prejudice” includes damage to the reputation of Cayman or between government officials.

Prejudice should be determined based on:-– the nature of the information, – the circumstances in which it was communicated– the nature of the relationship.

15(b) Information 15(b) Information communicated in confidencecommunicated in confidence

This includes information communicated in confidence by a foreign government or international organisation

There is no requirement that the information be confidential in character or for there to be a breach of confidence by its disclosure, only that it was communicated in confidence at the time

There is no requirement for a confidentiality agreement.

Law Enforcement

S. 16 - “Law S. 16 - “Law enforcement”enforcement”

“Law enforcement” is not defined in the Law

The definition given to it in Canada (Alberta):– Policing, including criminal intelligence operations– Investigative or compliance activities of a public

authority, including the complaint giving rise to the investigation, that leads or could lead to a penalty or sanction

– Proceedings that lead or could lead to a penalty or sanction

S. 16(a) - Law S. 16(a) - Law EnforcementEnforcement

Endanger a person’s life or safety:-If documents could reveal a

person’s identity,views or whereabouts which may make a person a target of violence these should not be disclosed

There must be some likelihood of danger

S. 16 (b)(i) - Law S. 16 (b)(i) - Law EnforcementEnforcement

A public authority is required not to disclose documents which would prejudice current or pending investigations, or possible prosecutions.

A document is exempt if its disclosure would have one of the consequences set out in this section.

A reasonable expectation is more than a mere risk.

This section does not apply to closed cases vs. dormant or suspended cases.

S.16 (b)(ii)- Law S.16 (b)(ii)- Law EnforcementEnforcement

A record is exempt if it would affect the trial of a person or adjudication of a case.

This exempts documents that could affect a person’s fair civil or criminal trial or adjudication of a case.

It is necessary to identify who will be affected and how.

S. 16(c) - Law S. 16(c) - Law EnforcementEnforcement

The exemption’s intention is to protect the identity of a confidential source of information – even if out of date (not the information itself) and – even if the person is untruthful or malicious

An identity must be apparent – this could be because of names, details of proximity or relationship, hand writing, logos, etc

The document must relate to law enforcement

S. 16 (d) - Law S. 16 (d) - Law EnforcementEnforcement

This exemption protects against prejudice to procedures for the prevention, detection or investigation of breaches or evasions of the law (including any regulatory bodies’ procedures)

It is not limited to the police

This exemption does not apply to well known procedures that are in the public domain

S. 16 (e), (f) - Law S. 16 (e), (f) - Law EnforcementEnforcement

The exemption protects records where release could facilitate a person’s escape from lawful detention

Or jeopardise the security of prison

Legal Professional Privilege

Legal Professional Privilege Legal Professional Privilege s.17(a)s.17(a)

This protect a client’s confidence that any communication with his/her professional legal adviser will not be revealed without consent, even to a court of law.

Privilege attaches to the information itself and belongs to the client. It exists to promote full and frank disclosure between a lawyer and client.

Is a document privileged?Is a document privileged?

The IM needs to : Establish that there is a lawyer-client

relationship Determine

– whether a document was created for the dominant purpose of giving or receiving legal advice

– whether the document is to be used in relation to actual or anticipated litigation

– whether the advice is confidential NB: the Attorney General’s legal advice is

dealt with under s.20(1)(c) of the Law

Legal Professional PrivilegeLegal Professional Privilege

Advice privilege – where no litigation is contemplated or pending

Litigation privilege – where litigation is contemplated or pending

Litigation privilege attaches to all documents, reports, information, evidence and the like obtained for the sole or dominant purpose of the proposed or on-going litigation.

Case 2 in Workbook

Legal Services Society v. British Columbia

(Information & Privacy Commissioner), [2003] B.C.J. No. 1093 (C.A.)

Actionable Breach of Confidence

Actionable Breach of Confidence Actionable Breach of Confidence (s.17(b)(i))(s.17(b)(i))

An actionable breach of confidence: the party affected has the right to take action through the courts

A duty of confidence arises when one person is provided with information by another in the expectation that the information will only be used or disclosed in accordance with the wishes of the confider. The duty is not absolute.

Actionable Breach of ConfidenceActionable Breach of Confidence

3 criteria must be satisfied to succeed in such an action:

(1) the information must have the quality of confidence, must not be in the public domain

(2) it must have been communicated in circumstances importing an obligation of confidence between the parties

(3) disclosure must cause some detriment to the confider of the information

Exceptions to Breach of ConfidenceExceptions to Breach of Confidence

Documents may lose their confidential nature due to the passage of time

There are exceptions where the duty to keep information in confidence may be outweighed by an overriding public good in disclosure – e.g. information concerning misconduct,

illegality or gross immorality (this arises rarely)

Actionable Breach of ConfidenceActionable Breach of Confidence

Case Study 3 Workbook:Bacon International Inc. v. Department of

Agriculture and Agri‑Food Canada [2002] A.C.F. No.776 (QL) (F.C.T.D.)

s.17(b)(ii) Contempt of Courts.17(b)(ii) Contempt of CourtA record may be exempt where its disclosure would be in contempt of court.

Documents which are protected could include documents which are protected by the courts as part of their power to regulate their own proceedings, e.g.– names of parties or witnesses in litigation – statements and evidence presented to the

court

S.17(b)(iii) infringe the S.17(b)(iii) infringe the privileges of Parliamentprivileges of Parliament

This provision preserves the effective working of the Legislative Assembly (LA) as it protects the rights of the LA to operate independently, without interference from external sources.

There are two reasons for the exemption : – to preserve the LA’s right to regulate its own

proceedings– to prevent any external authority from

attempting to adjudicate on Parliament's right to withhold information where that right is exercised on grounds of parliamentary privilege.

s.17(b)(iii) infringe the s.17(b)(iii) infringe the privileges of Parliamentprivileges of Parliament

Records which are protected may include records of evidence presented to Committees of the LA. However, in the absence of a resolution or standing order to the contrary it is not necessarily a breach of privilege to disclose these documents under the FOI Law.

This provision would cover where information provided to the LA has been disclosed without authority, for example, where a Standing Order of Parliament prohibits disclosure.

Commonly, current possible parliamentary questions will be subject to parliamentary privilege.

National Economy

s.18- National Economys.18- National Economy Where disclosure or premature disclosure

would have a substantial adverse effect on the Caymanian economy or the ability of government to manage the economy.

Focus is on consequences of disclosure. The section has a non-exhaustive list of

some examples, including records relating to duties and monetary policy.

Cabinet Documents

s.19 Cabinet Documentss.19 Cabinet Documents

The purpose is to maintain the confidentiality necessary for the proper functioning of Cabinet.

The exemption covers:– opinions, advice or recommendations

prepared for Cabinet, and – records of consultations or

deliberations during proceedings.It does not apply to purely factual

material or scientific or technical studies.

s.19 Cabinet Documentss.19 Cabinet Documents s.19(1)(a): Opinions, advice or

recommendations prepared for Cabinet – is subject to the public interest test – what harm is expected to flow from

disclosure? This covers documents which

– have been prepared for and submitted to Cabinet for consideration

– are proposed to be submitted to Cabinet s.19(1)(b) is not subject to a public

interest test - it is absolute A record of deliberation of Cabinet is likely

to reflect the active debate in Cabinet, or its weighing up of alternatives.

Cabinet DocumentsCabinet Documents

Case 4 Canada (Information Commissioner )

v. Canada (Minister of the Environment) [2003] F.C.J. NO. 197 (C.A.)

Effective Conduct of Public Affairs

s.20 Effective Conduct of Public Affairss.20 Effective Conduct of Public Affairs

This exemption covers disclosures that would– prejudice the maintenance of the convention

of collective responsibility of Ministers– inhibit free and frank exchange of views– disclose legal advice of the Attorney-General– prejudice the effective conduct of public

affairs

Need to look at the effects of disclosure

Effective Conduct of Public Effective Conduct of Public AffairsAffairs

The decision is NOT made by the Information Manager

For s. 20(1)(a) - decision by the Minister

For s. 20(1)(b),(c) and (d) - decision by the Minister or Chief Officer concerned that there would be prejudice from disclosure.

Effective Conduct of Public AffairsEffective Conduct of Public Affairs

This exemption could include: Advice to Ministers by civil servants Discussions between Ministers of Cabinet Advice or recommendations on policy

decisions Records of boards and committees

THE PUBLIC INTEREST TEST MUST BE APPLIED to 20(1) (b), (c) & (d)

s.20(1)(a)s.20(1)(a) The convention of collective responsibility

of Ministers means that decisions of the Government are taken collectively, and each member of the Government is party to the decision and committed to it.

A minister who objects to a decision is expected, once he has made his case, to accept the collective decision about the policy or course of action to be pursued.

If he cannot do so he is expected to resign.

s. 20(1)(b)s. 20(1)(b)

This explicitly recognises the role of free and frank discussion in effective government.

The 'exchange of views' is limited only by being 'for the purposes of deliberation’

That will include processes of decision-making, opinion-forming or evaluation, but is likely to exclude very casual or trivial exchanges.

s. 20(1)(b)s. 20(1)(b)It is not enough that disclosure would result insomeone's temporary embarrassment.

Consider:- would it make it more likely that the person or

any other offering advice will be unwilling to do so in future?

would it make it more likely that the person being advised will not ask for advice in future?

will it make people less likely to engage in discussion (oral or written) as part of the deliberative process?

would it distort or restrain that discussion? would it result in pressure being brought to

bear on officials to provide particular advice?

s. 20(1)(c)s. 20(1)(c)

This protects legal advicegiven by or on behalf of the

Attorney Generalsuch advice may also be exempt

under s.17(a) on the grounds of legal professional privilege

s.20(1)(d)s.20(1)(d) Information is exempt if its disclosure

would otherwise prejudice, or would be likely to prejudice the effective conduct of public affairs.

This covers residual situations which might arise, where it was necessary to withhold information in the interests of good government.

This exemption is so broad that a clear explanation will have to be given in any case in which this provision is relied on.

Commercial Information

S.21S.21 Commercial Information Commercial Information

A record is exempt from disclosure (1)(a) if it would reveal trade secrets or

other information of a commercial value AND

which value would be or could be expected to be destroyed or diminished by disclosure

(1)(b) if it contains information (other than in (a)) concerning the commercial interests of any person or organization including a public authority AND

disclosure of that information would prejudice those interests

Commercial Information/Trade Commercial Information/Trade SecretsSecrets

There is no absolute right to corporate privacy for businesses as government regulates the conduct of businesses.

There is a right to protect a person’s trade secrets and commercial interests which value may be diminished if released

But it is subject to the public interest test If a commercial practice or product posed a

threat to public safety or involved serious criminality, these are public interest factors favouring disclosure

“Trade Secrets”

Trade Secrets (s.21(1)(a)(i))Trade Secrets (s.21(1)(a)(i))

The term “trade secrets” is not defined

in the FOI Law but generally:it must be used in the course of a

trade or businessthe owner must have made efforts to

keep it a secret and limit the widespread dissemination

there must be an economic advantage or value from the fact that it is not generally known

Commercial Information/Trade Commercial Information/Trade SecretsSecrets

It can include information of a technical character, e.g:– formulae, – patents, – techniques, – processes or technological secrets – marketing studies or – lists of customers

Consider the amount of money or effort spent developing the secret, the value of the information and the ease or difficulty with which it could be duplicated by others.

““Commercial Value”Commercial Value”

Information may be valuable because it is important to the profitability or the viability of a business.

Information also has a commercial value if it can be sold on the commercial market.

The fact that the information cost money to create by itself is not sufficient to show that the information has a commercial value.

If the information is publicly available or old then it may not have a commercial value.

Commercial InterestsCommercial Interests

The term commercial interests is not defined in the FOI law. But it is clear that the interests must arise from a relationship of a commercial nature

Concerns activities and relationships of business, industry, and trade.

This could be based on a contractual term but this is not required

s.21(1)(b) – Commercial s.21(1)(b) – Commercial InterestsInterests

This could apply to information which is NOT covered under s. 21(1)(a).

The word “prejudice” used in this section does not impose quite as high or strict a standard as the words “adverse effect” used in other sections of the law.

“Prejudice” means a real negative impact upon a circumstance or on an individual.

“Prejudice” is more than embarrassment or inconvenience.

s.22 Records relating to heritage s.22 Records relating to heritage sites and species of plants and sites and species of plants and

animalanimal Historical resource – pertaining to, treating,

or characteristic of history or past events

Archaeological resource - pertaining to historic or prehistoric peoples and their cultures

Anthropological resource - pertaining to origins, physical and cultural development, biological characteristics, and social customs and beliefs of humankind.

s.22 Records relating to heritage s.22 Records relating to heritage sites and species of plants and sites and species of plants and

animalanimal

Endangered - in imminent danger of extinction

Threatened - At risk of becoming endangered

Vulnerable - Liable to succumb to an attack or danger

s. 23 – Personal s. 23 – Personal informationinformation

The purpose of this section is to protect personal information and privacy of natural persons, including deceased persons.

This a non-absolute exemption that recognises that there may be a public interest in disclosure in some individual cases.

This exemption does not apply when the applicant requests their own information.

s. 23 – Personal s. 23 – Personal informationinformation

1. identify the personal information 2. consider whether the disclosure would be

unreasonable.

Personal information is defined in the FOI Regulations - but is not an exhaustive list.

Personal information is information whether true or not about an individual whose identity is apparent or can be ascertained from the information (eg: by name, address, position, other elements).

“Personal Information”

Personal Information Personal Information includesincludes::

1. The individual’s name, home or business address, or home or business telephone number

2. The individual’s race, national or ethnic origin, colour or religious or political beliefs or associations

3. The individual’s age, sex, marital status or family status

Personal Information Personal Information includesincludes::

4. An identifying number, symbol or other particular assigned to the individual

5. The individual’s finger prints, other biometric information, blood type, genetic information or inheritable characteristics

6. Information about the individual’s health and health care history, including information about a physical or mental disability

Personal Information Personal Information includesincludes::

7. Information about the individual’s educational, financial, employment or criminal history, including criminal records where a pardon has been given

8. Anyone else’s opinions about the individual, and

9. The individual’s personal views or opinions, except if they are about someone else.

s. 23 – “unreasonable”?s. 23 – “unreasonable”?Factors that could be considered

include:– Whether the information is already in the

public domain– The circumstances in which the information

was obtained, e.g in confidence– The nature of the information, e.g bland vs.

information of misconduct– Consideration of any objection– Whether the information relates to matters

of personality, private characteristics or disposition.

s.24 Health and safetys.24 Health and safety

This is subject to the public interest test “Likely to endanger” may mean risk of

harm “physical or mental health” may include

physical or mental impairment, injury, illness or disease or the aggravation of such conditions.

“Mental health” will also include emotional and psychological well-being, rather than referring simply to a disease of the mind.

s.24 Health and safetys.24 Health and safety

“Safety” means protection from harm, hurt or injury and freedom from danger

Where the law refers to any individual: that person must be identified, or readily identifiable or members of a group or class of persons, any of whom or all of whom are likely to have their health or safety endangered by the disclosure

How can disclosure How can disclosure endanger an individual's endanger an individual's

health or safety?health or safety?

Directly or indirectly. It may cause an endangering effect by

leading someone to take steps that can cause harm or creating a circumstance in which a third party causes harm to others (e.g. information on kidnappings).

It may cause mental harm directly as a result of shock or distress ( e.g. autopsy photos).

Public interest factorsPublic interest factors

Factors to be considered in the public interest could include:

the size of the risk involved, the nature and seriousness of the

resulting outcome the possibility that the anticipated

danger could be prevented likelihood to cause serious distress to

particular individuals such as family members

Ministerial CertificatesMinisterial CertificatesS.25 provides the power for the Governor in Cabinet in relation to

s.20(1)(a) collective responsibility or a Minister in relation to

– s. 15 international relations, defence – s. 16 law enforcement – s. 20(1)(b) frank exchange of views – s. 20(1)(c) legal advice of Attorney-General – s. 20(1)(d) effective conduct of public affairs

and– s. 22 heritage sites and environment

to issue a certificate that the record is an exempt record

Ministerial CertificatesMinisterial Certificates

Where the certificate is issued under the hand of the Governor it ousts the record from review by the Information Commissioner and courts

Procedure for Severance/ Procedure for Severance/ RedactionRedaction

Redaction is the separation of disclosable from non-disclosable (exempt) information by blocking out individual words, sentences or paragraphs or the removal of whole pages or sections prior to the release of the document.

Redaction should always be carried out on copies, whether paper or electronic.

Procedure for Severance/ Procedure for Severance/ RedactionRedaction

Redaction is carried out in order to edit exempt matter from a record.

If so much information has to be withheld that a document becomes nonsensical, the entire document should be withheld.

It is essential that only exempt material be redacted. The reason for non-disclosure of the information must be provided for each redaction made.

Procedure for RedactionProcedure for Redaction

Information Managers should also consider that earlier statements in a document might suggest the content of removed material.

Eg: if a paragraph refers to reports from overt sources, and the following paragraph refers to reports from covert sources, as well as removing the words ‘covert sources’, ‘overt sources’ would also need to be removed or the meaning of the missing words from the second paragraph could be inferred.

Methods of RedactionMethods of Redaction Cover-up tape.

– Cover-up/redaction tape can be placed on the original documents over the areas to be redacted, taking care that no parts of words are showing.

– Make a photocopy of the redacted text. Blacking/whiting out.

– Photocopy the original document and use a black marker pen/white-out to block out the sensitive material. The redacted version should then be photocopied again to produce an access version. The further photocopy is necessary as information redacted using marker pen can be read when held up to a strong light.

Redaction software

Letter of RefusalLetter of Refusal

The Information Manager may refuse a request to disclose information due to:– exemptions listed in Part III of the Law, or– s.9 procedural refusals.

The refusal notice must clearly state the exemption and the reasons why the exemption applies: s.7(5)

It is insufficient to merely state that a particular exemption applies.

Letter of RefusalLetter of Refusal

The Notice must – explain why a particular exemption

applies, based on findings of fact. – quote the precise words of any claimed

exemption for the applicant’s information – where an exemption is prejudice-based,

explain the likely harm that would arise from disclosure of the information

Letter of RefusalLetter of Refusal Where the decision is based on the public

interest in maintaining the exemption outweighing that in disclosure, explain not only which exemption applies and why, but also the public interest arguments addressed in reaching the decision. Mere conjecture, unsupported by evidence, is inadequate.

Deal with any submissions by the applicant.

Letter of RefusalLetter of Refusal

It will not be sufficient to simply to state that it is not in the public interest to disclose information in any particular instance.

A refusal notice must outline the reasoning the public authority has followed in arriving at its decision – why it feels one factor, or set of factors,

outweighs another, unless to do so would involve disclosure of exempt information.

Letter of Refusal : Letter of Refusal : exampleexample

‘In considering the public interest arguments for and against disclosure I considered the following factors to be relevant to my decision.

I considered the object of the FOI Law, which sets out a right of general access to documents held by the Government. I gave considerable weight to this factor.

On the other hand I considered the arguments against disclosure to be …………………………………………………… .

On balance, I consider that the factors in support of the claimed exemption to be greater than those favouring disclosure.’

Letter of Refusal: Standard Letter of Refusal: Standard Requirements Requirements

This notice must:• clearly identify the documents in issue,• state the decisions in relation to each

document or part of a document,• set out the process of reasoning for the

exemption, including any findings of fact and the material on which those findings are based,

• explain which public interests were considered,

• give details of internal review and right to complain to the Information Commissioner,

• not disclose any exempt matter.

Refusal Notice ChecklistRefusal Notice ChecklistDiversion of Resources

1. Where the request amounts to a diversion of resources, state what the estimated workload would be.

2. Provide advice and assistance if possible. Advise what steps could be taken by the applicant to avoid the request being refused, e.g narrowing the scope of the request or providing some of the information

Vexatious or repeated requests - explain reasons Outline the internal review procedure. Provide details of the right to appeal to the

Information Commissioner

Rights of ReviewRights of Review

Judicial Review by Grand Court

Review by Information Commissioner

Internal Review by public authority

Initial decision by public authority