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4.1 In some circumstances, it may be prejudicial and contrary to the public interest to say whether or not information is held. Where this is the case, it will be appropriate neither to confirm nor deny the holding of information. If the exemption from the duty to confirm or deny whether the information is held is claimed, it is not necessary to go on to claim exemption from the duty to provide the information
4.2 In order to use the exemption in this way, it will be necessary to have determined that the FOI defence exemption would be relevant to the duty to confirm or deny. It will also be necessary to have considered the balance of public interest for and against confirming that the information is or is not held.