Code of Practice on Access to Government Information

Reasons for confidentiality 

The following categories of information are exempt from the commitments to provide information in this Code. In those categories which refer to harm or prejudice, the presumption remains that information should be disclosed unless the harm likely to arise from disclosure would outweigh the public interest in making the information available. 

References to harm or prejudice include both actual harm or prejudice and risk or reasonable expectation of harm or prejudice. In such cases it should be considered whether any harm or prejudice arising from disclosure is outweighed by the public interest in making information available. 

The exemptions will not be interpreted in a way which causes injustice to individuals. 

1.  Defence, security and international relations 

• Information whose disclosure would harm national security or defence.
• Information whose disclosure would harm the conduct of international relations or affairs.
• Information received in confidence from foreign governments, foreign courts or international organisations. 

Information whose disclosure would harm the frankness and candour of internal discussion, including: 

• proceedings of Cabinet and Cabinet committees; 
• internal opinion, advice, recommendation, consultation and deliberation; 
• projections and assumptions relating to internal policy analysis; analysis of alternative policy options and information relating to rejected policy options; 
• confidential communications between departments, public bodies and regulatory bodies.

Information relating to confidential communications between Ministers and Her Majesty the Queen or other Members of the Royal Household, or relating to confidential proceedings of the Privy Council

4.  Law enforcement and legal proceedings 

Information whose disclosure could prejudice the administration of justice (including fair trial), legal proceedings or the proceedings of any tribunal, public inquiry or other formal investigations (whether actual or likely) or whose disclosure is, has been, or is likely to be addressed in the context of such proceedings. 

Information whose disclosure could prejudice the enforcement or proper administration of the law, including the prevention, investigation or detection of crime, or the apprehension or prosecution of offenders. 

Information relating to legal proceedings or the proceedings of any tribunal, public inquiry or other formal investigation which have been completed or terminated, or relating to investigations which have or might have resulted in proceedings.

Information covered by legal professional privilege.   

Information whose disclosure would harm public safety or public order, or would prejudice the security of any building or penal institution. 

Information whose disclosure could endanger the life or physical safety of any person, or identify the source of information or assistance given in confidence for law enforcement or security purposes.

Information whose disclosure would increase the likelihood of damage to the environment, or rare or endangered species and their habitats.

5.  Immigration and nationality 

Information relating to immigration, nationality, consular and entry clearance cases. However, information will be provided, though not through access to personal records, where there is no risk that disclosure would prejudice the effective administration of immigration controls or other statutory provisions. 

6.  Effective management of the economy and collection of tax 

Information whose disclosure would harm the ability of the Government to manage the economy, prejudice the conduct of official market operations, or could lead to improper gain or advantage. 

Information whose disclosure would prejudice the assessment or collection of tax, duties or National Insurance contributions, or assist tax avoidance or evasion.

7.  Effective management and operations of the public service 

Information whose disclosure could lead to improper gain or advantage or would prejudice: 

• the competitive position of a department or other public body or authority; 
• negotiations or the effective conduct of personnel management, or commercial or contractual activities; 
• the awarding of discretionary grants. 

8.  Public employment, public appointments and honours 

Personnel records (relating to public appointments as well as employees of public authorities) including those relating to recruitment, promotion and security vetting. 

Information, opinions and assessments given in confidence in relation to public employment and public appointments made by Ministers of the Crown, by the Crown on the advice of Ministers or by statutory office holders. 

Information, opinions and assessments given in relation to recommendations for honours.

9.  Voluminous or vexatious requests 

Requests for information which are vexatious or manifestly unreasonable or are formulated in too general a manner, or which (because of the amount of information to be processed or the need to retrieve information from files not in current use) would require unreasonable diversion of resources. 

10.  Publication and prematurity in relation to publication 

Information which is or will soon be published, or whose disclosure, where the material relates to a planned or potential announcement or publication, could cause harm (for example, of a physical or financial nature). 
  
11.  Research, statistics and analysis 

Information relating to incomplete analysis, research or statistics, where disclosure could be misleading or deprive the holder of priority of publication or commercial value. 

Information held only for preparing statistics or carrying out research, or for surveillance for health and safety purposes (including food safety), and which relates to individuals, companies or products which will not be identified in reports of that research or surveillance, or in published statistics.

12.  Privacy of an individual 

Unwarranted disclosure to a third party of personal information about any person (including a deceased person) or any other disclosure which would constitute or could facilitate an unwarranted invasion of privacy. 

13.  Third party's commercial confidences 

Information including commercial confidences, trade secrets or intellectual property whose unwarranted disclosure would harm the competitive position of a third party. 

14.  Information given in confidence 

Information held in consequence of having been supplied in confidence by a person who: 

• gave the information under a statutory guarantee that its confidentiality would be protected; or 
• was not under any legal obligation, whether actual or implied, to supply it, and has not consented to its disclosure. 

Medical information provided in confidence if disclosure to the subject would harm their physical or mental health, or should only be made by a medical practitioner.

15.  Statutory and other restrictions 

Information whose disclosure is prohibited by or under any enactment, regulation, European Community law or international agreement. 

Information whose release would constitute a breach of Parliamentary Privilege.