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FOI full exemptions guidance

Section 24 - National Security

Chapters: 01 | 02 | 03 | 04 | 05 | annex A | annex B | annex C

Chapter 01: The exemption under section 24

The exemptions under sections 23 and 24 are extremely closely linked. The section 23 exemption is applicable to information received from or related to a number of bodies specifically listed in the Act. The section 24 exemption is applicable to information the non-disclosure of which is necessary to safeguard national security. In certain circumstances it will be necessary to use the two exemptions together. In other circumstances the two exemptions are mutually exclusive and cannot be used together. Further details are given below. Accordingly this chapter should be read together with the chapter on section 23 when contemplating withholding information on grounds related to national security. For guidance on the inter-relationship between the FOI Act and the Official Secrets Act 1989 see the chapter on the section 44 exemption concerning prohibitions on disclosure.

Stating the exemption

Section 24 of the Freedom of Information Act provides that:

  1. Information which does not fall within section 23(1) is exempt information if exemption from section 1(1)(b) is required for the purpose of safeguarding national security.
  2. The duty to confirm or deny does not arise if, or to the extent that, exemption from section 1(1)(a) is required for the purpose of safeguarding national security.
  3. A certificate signed by a Minister of the Crown certifying that exemption from section 1(1)(b), or from section 1(1)(a) and (b), is, or at any time was, required for the purpose of safeguarding national security shall, subject to section 60, be conclusive evidence of that fact.
  4. A certificate under subsection (3) may identify the information to which it applies by means of a general description and may be expressed to have prospective effect.

General points

1.1 Section 24(1) provides for an exemption to the duty to communicate information to a person making a request (section 1(1)(b)). Section 24(2) provides an exemption to the duty to confirm or deny whether the information requested exists (section 1(1)(a)).

1.2 There is no statutory definition of the term "national security". The use of the section 24 exemption (possibly in conjunction with section 23 and potentially to allow an NCND response where no information is held) is complex. Case by case consideration will be necessary. Again, departments should not hesitate to contact the Security Bodies.


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