Section 23: Information Supplied by, or Related to, Bodies Dealing with Security Matters
Section 23 applies to two categories of information:
information supplied directly or indirectly by the Security Bodies
that are listed in section 23(3) (this includes the Security Service,
the Secret Intelligence Service and GCHQ). Whether this aspect of section
23 applies in a particular case will turn on the source of the information;
and
information that relates to one of the Security Bodies. The application
of this part of section 23 will turn on the content of the information.
Key points:
The fact that a public authority does not hold information
supplied by one of the Security Bodies can itself be information relating
to those bodies. If information falls within the exemption in section
23, it will very often be important to consider whether it is necessary
to rely on the exclusion of the duty to confirm or deny whether the
information is held.
The interaction between section 23 and section 24 (national security)
is quite complex and needs to be considered carefully in order to ensure
that the relevant public interests are protected;
It may be necessary to consult the Security Body concerned if it is
anticipated that section 23 might apply
Section 23 is not subject to any public interest
balance
A ministerial certification procedure exists where it becomes necessary
to rely on this exemption.
