FOIA Section 23 Exemption

Section 23: Information Supplied by, or Related to, Bodies Dealing with Security Matters

Section 23 exempts information received from, or related to, the security bodies listed at section 23(3) of the Freedom of Information Act. This includes the Security Service, the Secret Intelligence Service, Government Communications Headquarters and the Serious Organised Crime Agency. Key points: It will often be appropriate to 'neither confirm nor deny' that the requested information is held, as the fact that a public authority does or does not hold information supplied by one of the security bodies can itself be information relating to those bodies. The interaction between section 23 and section 24 (national security) is complex and needs to be considered carefully in order to ensure that the relevant public interests are protected. Section 23 is not subject to any public interest test. A ministerial certification procedure exists where it becomes necessary to rely on this exemption.
MoJ summary guidance.

What the law says

23 Information supplied by, or relating to, bodies dealing with security matters

(1) Information held by a public authority is exempt information if it was directly or indirectly supplied to the public authority by, or relates to, any of the bodies specified in subsection (3).

(2) A certificate signed by a Minister of the Crown certifying that the information to which it applies was directly or indirectly supplied by, or relates to, any of the bodies specified in subsection (3) shall, subject to section 60, be conclusive evidence of that fact.

(3) The bodies referred to in subsections (1) and (2) are—

(a) the Security Service,

(b) the Secret Intelligence Service,

(c) the Government Communications Headquarters,

(d) the special forces,

(e) the Tribunal established under section 65 of the Regulation of [2000 c. 23.] Investigatory Powers Act 2000,

(f) the Tribunal established under section 7 of the [1985 c. 56.] Interception of Communications Act 1985,

(g) the Tribunal established under section 5 of the [1989 c. 5.] Security Service Act 1989,

(h) the Tribunal established under section 9 of the [1994 c. 13.] Intelligence Services Act 1994,

(i) the Security Vetting Appeals Panel,

(j) the Security Commission,

(k) the National Criminal Intelligence Service,

(l) the Service Authority for the National Criminal Intelligence Service.

(m) the Serious Organised Crime Agency.

(4) In subsection (3)(c) “the Government Communications Headquarters” includes any unit or part of a unit of the armed forces of the Crown which is for the time being required by the Secretary of State to assist the Government Communications Headquarters in carrying out its functions.

(5) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would involve the disclosure of any information (whether or not already recorded) which was directly or indirectly supplied to the public authority by, or relates to, any of the bodies specified in subsection (3).

Official Guidance

Detailed MoJ guidance: http://www.justice.gov.uk/guidance/docs/foi-exemption-s23.pdf

ICO Lines To Take

Relevant Lines to Take

LTT107 - No prejudice / adverse effect test for class based exemptions / exceptions - 20/06/2008 LTT53 - Reliance on s23(5) and s24(2) in conjunction - 07/05/2007

Decision Notices

Complaints upheld / partly upheld (P)

Complaints not upheld

FS50219758(P) - Home Office - 23/02/2010 FS50231561 - Commissioner of the Metropolitan Police Service - 15/02/2010 FS50178276 - Commissioner of the Metropolitan Police Service - 10/12/2009 FS50213522 - West Yorkshire Police - 03/08/2009 FS50130293(P) - Office of Government Commerce - 10/06/2009 FS50137790 - Cabinet Office - 30/04/2009 FS50154349 - Metropolitan Police Service - 20/04/2009 FS50124442(P) - Cabinet Office - 05/03/2009

FS50142134 - Northern Ireland Office - 30/03/2010 FS50227053 - Cabinet Office - 11/02/2010 FS50216168 - HM Revenue and Customs - 25/01/2010 FS50155352 - Cabinet Office - 11/01/2010 FS50160252 - Cabinet Office - 08/12/2009 FS50100671 - Home Office - 08/12/2009 FS50170394 - UK Borders Agency - 26/11/2009 FS50194194 - House of Lords Appointments Commission - 24/11/2009 FS50141014 - Foreign and Commonwealth Office - 18/11/2009 FS50193945 - Cabinet Office - 30/04/2009 FS50188323 - Foreign and Commonwealth Office - 31/03/2009 FS50097905 - Cabinet Office - 09/03/2009 FS50083726 - Foreign and Commonwealth Office - 05/03/2009 FS50177962 - Cabinet Office - 05/03/2009 FS50150254 - Cabinet Office - 03/03/2009 FS50117046 - Foreign and Commonwealth Office - 21/08/2008 FS50177327 - Cabinet Office - 02/07/2008 FS50090742 - Cabinet Office - 12/05/2008 FS50163794 - Cabinet Office - 12/05/2008 FS50102023 - Cabinet Office - 28/02/2008 FS50101728 - Foreign and Commonwealth Office - 19/11/2007 FS50074788 - Northern Ireland Office - 27/02/2007 FS50074342 - North Yorkshire Police - 21/12/2006 FS50079488 - Export Credits Guarantee Department - 27/11/2006 FS50086063 - Cabinet Office - 11/07/2006

Includes DNs up to: 26 April 2010

Freedom of Information Act 2000

Exemptions

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