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FOI full exemptions guidance

Section 30 - Investigations and Proceedings Conducted by Public Authorities

Chapters: 01 | 02 | 03 | 04

Chapter 04: Interrelation with other exemptions

4.1 The relationship between sections 30 and 31 is considered in more detail above. If law enforcement information does not fall within the terms of section 30, it may be necessary to consider the possible application of section 31.

4.2 In relation to live or prospective legal proceedings, the exemptions relating to court records (section 32), legal professional privilege (section 42) and contempt of court (section 44) may also need to be considered.

4.3 In relation to confidential sources, as discussed above, particular attention needs to be paid to the possible applicability of the exemptions relating to personal information (section 40) and confidential information (section 41) because of the possibility of an authority's incurring legal liability for disclosure. In any cases of doubt, legal advice should always be sought in this context. Section 38 (individual health and safety) may also need to be considered.

4.4 In many cases of statutory investigations and proceedings, the statute in question may contain general or specific prohibitions on disclosure. In those cases, section 44 will be relevant. Section 44 will also apply to prevent any disclosure which would be contrary to an authority's obligations under the Human Rights Act, for example by breaching any of the Article 6 provisions on the right to a fair trial.



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