There is no "blanket" exemption for Gateway information from the Freedom of Information (FOI) Act. Each Gateway FOI request must be considered on a case-by-case basis to see whether any of the exemptions listed in the Act are appropriate. If any qualified exemptions are appropriate the public interest test must then be considered. The main exemptions that are likely to apply to Gateway information are:
S43 - Commercial Interest
S33 - Audit
S35 - Formulation of government policy
S36 - Prejudice to effective conduct of public affairs - which refers to information which if disclosed would inhibit full and frank discussion. If this exemption is used it has to be referred to the relevant minister each time.
The Department for Constitutional Affairs (DCA) is drafting guidance, in consultation with OGC, and will include it with the portfolio of guidance on their website.
If you are from a public sector body and you receive a request for Gateway information you should refer to your FOI practitioner who will have been provided with advice, from DCA, about how to handle it.
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Page last updated: 2008-10-01