Page 252 - Law and the Media

Freedom of Information
Commercial confidences by a third party
Information given in confidence
Statutory and other restrictions.
Harm or prejudice includes both actual harm or prejudice and the risk or reasonable
expectation of harm or prejudice. In such cases, it is necessary for the authority asked to
disclose information to consider whether any harm or prejudice arising from disclosure will
be outweighed by the public interest in making information available.

Defence, security and international relations
This category includes information whose disclosure would harm national defence or
security, information which if disclosed would harm the conduct of international relations
or affairs, and information received in confidence from foreign governments, foreign courts
or international organizations.

Internal discussion and advice
Information cannot be disclosed if it would ‘harm the frankness and candour of internal
discussion’. This includes information such as the proceedings of Cabinet and Cabinet
committees, internal opinions, advice, recommendations, consultation and deliberations,
projections and assumptions relating to internal policy analysis, analysis of alternative policy
options, and information relating to rejected policy options and confidential communications
between departments, public bodies and regulatory bodies.

Communications with the Royal Household
This includes information relating to confidential communications between Ministers and the
Queen or other members of the Royal household, as well as information relating to
confidential proceedings of the Privy Council.

Law enforcement and legal proceedings
This category covers information:

Whose disclosure could prejudice the administration of justice, including fair trial,
legal proceedings or the proceedings of any tribunal, public inquiry or other formal
investigations whether actual or likely, or whose disclosure is and has been, or is
likely to be, addressed in the context of such proceedings
Whose disclosure could prejudice the enforcement or proper administration of the
law, including the prevention, investigation or detection of crime, or the
apprehension or prosecution of offenders
Relating to legal proceedings or the proceedings of any tribunal, public inquiry or
other formal investigation which have been completed or terminated, or relating to
investigations which have or might have resulted in proceedings
Covered by legal professional privilege
Whose disclosure would harm public safety or public order, or would prejudice the
security of any building or penal institution
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