[2014.]
Freedom of Information Act 2014.
[No. 30.]PT.4 S.33
(a) contains information that was obtained or prepared for the purpose of intelligence
in respect of the security or defence of the State,
(b) contains information that relates to the detection, prevention or suppression of
activities calculated or tending to undermine the public order or the authority of
the State (which expression has the same meaning as in section 2 of the Offences
Against the State Act 1939), or
(c) contains information communicated in confidence—
(i) to any person in or outside the State from any person in or outside the State
(including any law enforcement agency) and relating to a matter referred to
in subsection (1), or to the protection of human rights and expressed by the
latter person to be confidential or to be communicated in confidence,
(ii) from, to, or within an international organisation of states or a subsidiary
organ of such an organisation or an institution or body of the European
Union, or relates to negotiations between the State and such an organisation,
organ, institution or within or in relation to such an organisation, organ,
institution or body, or is a record of such a body containing information the
disclosure of which is prohibited by the organisation, organ, institution or
body, or
(iii) (whether generated in the State or elsewhere) in the possession of a public
body in relation to planning for, or responses to, threats or incidents in
respect of network and information security.
(4) Where an FOI request relates to a record to which subsection (1) applies, or would, if
the record existed, apply, and the head concerned is satisfied that the disclosure of the
existence or non-existence of the record would prejudice a matter referred to in that
subsection, he or she shall refuse to grant the request and shall not disclose to the
requester concerned whether or not the record exists.
Conclusiveness of certain decisions pursuant to sections 32 and 33
34. (1) (a) Subject to paragraph (b), where—
(i) a Minister of the Government or the head of an FOI body (other than a
Department of State) in relation to which functions stand conferred on that
Minister of the Government—
(I) pursuant to section 13, refuses to grant an FOI request to him or her, or
(II) pursuant to section 21, upholds a decision, or decides, to refuse to grant
an FOI request,
because he or she is satisfied that, by virtue of section 32 or 33, the record
concerned is an exempt record, and
(ii) the Minister of the Government is satisfied, that the record is of sufficient
sensitivity or seriousness to justify his or her doing so,
the Minister of the Government may declare, in a certificate issued by him or her
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