Freedom Of Information Request Response Not Confirming or Denying
Publisher one
ƵSource file
Jurisdiction
England and WalesRelevant sectors
Type of legal document
📃 Freedom of information responseBusiness activity
Neither confirm nor denyA freedom of information response is a response to a request for information that is held by a public body. The response must be in writing and must state whether the information is held by the public body and, if so, whether it will be released. The response must also state the reasons for any refusal to release the information.
Description:
This legal template is designed to assist individuals or organizations in responding to Freedom of Information (FOI) requests when the information being sought involves sensitive matters that cannot be openly confirmed or denied under United Kingdom (UK) law. This template provides a structured format to ensure compliance with the legal requirements and obligations associated with responding to such requests without compromising national security, ongoing investigations, or other legitimate reasons for nondisclosure.
The template begins by acknowledging the receipt of the FOI request and highlights the legal obligations under UK law to consider the request appropriately. It emphasizes the importance of balancing the public interest in transparency with necessary grounds for nondisclosure, ensuring compliance with applicable legislation, such as the Freedom of Information Act 2000. Moreover, it recognizes the requester's right to access information while acknowledging any constraints that may hinder a full response.
The template outlines the reasons justifying the response's inability to either confirm or deny the existence of requested information. It emphasizes the importance of following the legal exemptions and exceptions available, such as those related to national security, defense, international relations, law enforcement, and safeguarding personal privacy. It also includes reference to relevant case law or precedents to strengthen the argument for nondisclosure.
This legal template aims to provide a comprehensive framework for crafting a response that clearly explains the basis for refusing the disclosure. It offers details regarding the applicable legal provisions under UK law and emphasizes the need to protect sensitive or classified information from falling into the wrong hands.
By utilizing this template, recipients of FOI requests can ensure their response adheres to the legal requirements and discusses the reasons for nondisclosure in a clear and concise manner. This approach helps protect essential interests, maintain confidentiality where appropriate, and guarantee compliance with the UK regulatory framework governing Freedom of Information requests.
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