Asked by: Peter Grant (Scottish National Party - Glenrothes)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health, what instructions have been given to staff in his Department dealing with freedom of information requests on the application of Freedom of Information Act Awareness Guidance No. 19, issued by the Information Commissioner's Office, in considering whether to apply the exemptions in section 38 of the Freedom of Information Act 2000.
Answered by Jane Ellison
No guidance has been issued to staff on the application of Freedom of Information Act Awareness Guidance No.19, issued by the Information Commissioner's Office, about the application of section 38 of the Act. However, the Ministry of Justice has published its own guidance on the use of this exemption. This is available here:
Staff are advised that when they feel an exemption applies under the Freedom of Information Act 2000 to consider the most recent Information Commissioner’s Office and Ministry of Justice guidance as part of the decision making process.