Page 261 - Law and the Media

Law and the Media
Personal information
Under Section 40 of the FIA, a public authority must consider whether it is in the public
interest to disclose certain personal information. This includes information concerning a third
party under the Data Protection Act 1998.

Legal professional privilege
Section 42 of the FIA exempts information covered by legal professional privilege.
Commercial interests
Section 43 of the FIA exempts information if it constitutes a trade secret and information that
could prejudice the commercial interests of any person, including the public authority
holding the information.

Absolute exemptions – no duty to consider the public interest

Certain categories of information can be withheld by public authority absolutely without
having to consider whether disclosure is in the public interest. Public authorities are under
no obligation to confirm or deny that they hold such information if it is subject to absolute
exemption.

Information accessible by the applicant by other means
Section 21 of the FIA exempts information if it is reasonably accessible to the applicant by
other means – for example, books and pamphlets published by a public authority, or birth,
marriage and death certificates.

Information available by virtue of other legislation or through a voluntary system is deemed
to be reasonably accessible to the applicant and is therefore exempt, even if it is only
available on payment of a fee. However, information that is available on inspection will only
be exempt under this section if it is reasonably accessible to the applicant.

Information supplied by, or relating to, bodies dealing with security matters
Section 23 of the FIA exempts information directly or indirectly supplied by, or relating to,
certain bodies dealing with security matters as specified in Sections 23(3) and (4) of the FIA.
The FIA provides a certification process. A certificate signed by a Minister of the Crown is
conclusive of proof that the exemption is justified. There is a separate appeals mechanism
against such certificates.

Court records
Section 32 of the FIA exempts information that is held, recorded or obtained by a public
authority contained in documents:

Filed with, or placed in the custody of, a court (‘court’ is defined in Section 32(4)
of the Act in the same terms as Section 19 of the Contempt of Court Act 1981, and
therefore includes tribunals and other bodies exercising the judicial powers of the
State, as well as coroners’ courts).
224