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FOI full exemptions guidance

Section 42 - Legal Professional Privilege

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

Chapter 01: The Exemption under section 42

Stating the exemption

Section 42 of the Freedom of Information Act provides that:

  1. Information in respect of which a claim to legal professional privilege or, in Scotland, to confidentiality of communications could be maintained in legal proceedings is exempt information.
  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) in respect of which such a claim could be maintained in legal proceedings.


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