FOIA Section 22 Exemption

Section 22: Information Intended For Future Publication Exemption

Section 22 exempts information requested by an applicant if it is intended for future publication.. Key points: Section 22 may apply even if the specific date for publication has not yet been determined but the proposed publication timetable must be reasonable in all the circumstances; Section 22 will only apply if a public authority has decided, before the request is received, to publish the information concerned. Section 22 is subject to a public interest test.
MoJ summary guidance.

More detailed MoJ guidance: http://www.justice.gov.uk/guidance/docs/foi-exemption-s22.pdf

ICO Factsheet

What the law says

22 Information intended for future publication

(1) Information is exempt information if—

(a) the information is held by the public authority with a view to its publication, by the authority or any other person, at some future date (whether determined or not),

(b) the information was already held with a view to such publication at the time when the request for information was made, and

(c) it is reasonable in all the circumstances that the information should be withheld from disclosure until the date referred to in paragraph (a).

(2) 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 falls within subsection (1).

ICO Lines To Take

Relevant Lines to Take

LTT179 - Section 22 only applies to information clearly intended for publication - 07/12/2010 LTT107 - No prejudice / adverse effect test for class based exemptions / exceptions - 20/06/2008

ICO Decision Notices

Complaints upheld / partly upheld (P)

Complaints not upheld

FS50211630 - Chief Constable of Lancashire Constabulary - 28/10/2009 FS50165492 - Bridgend County Borough Council - 22/10/2009 FS50121838 - Crown Prosecution Service - 23/06/2009 FS50121803 - Ministry of Justice - 14/04/2009 FS50141966(P) - University of Westminster - 12/02/2009 FS50115636 - Ministry of Justice - 13/02/2008 FS50010888 - NHS Direct - 30/07/2007 FS50124612 - Rent Service - 24/07/2007 FS50115610 - Monitor - 12/12/2006 FS50081543 - Department for Transport - 29/11/2006 FS50123357 - Department of Education (NI) - 21/09/2006 FS50097759 - South Shropshire District Council - 17/08/2006 FS50067992 - Department for Constitutional Affairs - 12/04/2006 FS50070741 - Monmouthshire County Council - 29/03/2006

FS50209662 - House of Commons - 27/07/2009 FS50094226 - Pesticides Safety Directorate - 05/02/2007 FER0070181 - Department for Communities and Local Government - 27/07/2006

Includes DNs up to: 26 April 2010

Freedom of Information Act 2000

Exemptions

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