Freedom of Information (Amendment) Act 2003

Amendment of section 26 (information obtained in confidence) of Principal Act.

21.—Section 26 of the Principal Act is amended—

(a) in subsection (1), in paragraph (a), by substituting “given to a public body” for “given to the public body concerned”,

and the said subsection (1) (other than paragraph (b)), as so amended, is set out in the Table to this section,


(b) by inserting the following subsection after subsection (3):

“(4) Where—

(a) a request under section 7 relates to a record to which subsection (1) applies but to which subsections (2) and (3) do not apply or would not, if the record existed, apply, and

(b) in the opinion of the head concerned, the disclosure of the existence or non-existence of the record would have an effect specified in subsection (1),

he or she shall refuse to grant the request and shall not disclose to the requester concerned whether or not the record exists.”.


(1) Subject to the provisions of this section, a head shall refuse to grant a request under section 7 if—

(a) the record concerned contains information given to a public body in confidence and on the understanding that it would be treated by it as confidential (including such information as aforesaid that a person was required by law, or could have been required by the body pursuant to law, to give to the body) and, in the opinion of the head, its disclosure would be likely to prejudice the giving to the body of further similar information from the same person or other persons and it is of importance to the body that such further similar information as aforesaid should continue to be given to the body, or