PT.4 S.36[NO. 30.]
Freedom of Information Act 2014.
[2014.]
(4) Where—
(a) an FOI request relates to a record to which subsection (1) applies but to which
subsections (2) and (3) do not apply or would not, if the record existed, apply, and
(b) in the opinion of the head concerned the disclosure of the existence or nonexistence of the record would have an effect specified in subsection (1),
he or she shall refuse to grant the request and shall not disclose to the requester
concerned whether or not the record exists.
Personal information
37. (1) Subject to this section, a head shall refuse to grant an FOI request if, in the opinion of
the head, access to the record concerned would involve the disclosure of personal
information (including personal information relating to a deceased individual).
(2) Subsection (1) does not apply if—
(a) subject to subsection (3), the information concerned relates to the requester
concerned,
(b) any individual to whom the information relates consents, in writing or such other
form as may be determined, to its disclosure to the requester,
(c) information of the same kind as that contained in the record in respect of
individuals generally, or a class of individuals that is, having regard to all the
circumstances, of significant size, is available to the general public,
(d) the information was given to the FOI body concerned by the individual to whom
it relates and the individual was informed on behalf of the body, before its being
so given, that the information belongs to a class of information that would or
might be made available to the general public, or
(e) disclosure of the information is necessary in order to avoid a serious and
imminent danger to the life or health of an individual,
but, in a case falling within paragraph (a) or (b), the head concerned shall ensure that,
before the FOI request concerned is granted, the identity of the requester or, as the
case may be, the consent of the individual is established to the satisfaction of the
head.
(3) Where an FOI request relates to—
(a) a record of a medical or psychiatric nature relating to the requester concerned, or
(b) a record kept for the purposes of, or obtained in the course of the carrying out of,
social work in relation to the requester,
and, in the opinion of the head concerned, disclosure of the information concerned to
the requester might be prejudicial to his or her physical or mental health, well-being
or emotional condition, the head may decide to refuse to grant the request.
(4) Where, pursuant to subsection (3), a head refuses to grant an FOI request—
60
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents