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Written Question
Cabinet Office: Freedom of Information
Thursday 9th July 2015

Asked by: Peter Grant (Scottish National Party - Glenrothes)

Question to the Cabinet Office:

To ask the Minister for the Cabinet Office, on how many occasions his Department applied the exemption in section 38(1)(b) of the Freedom of Information Act 2000 (disclosure likely to endanger the safety of any individual) in wholly or partly refusing a freedom of information request in each of the last five years.

Answered by Matt Hancock

Statistics on the use of Freedom of Information exemptions (including the use of Section 38) are published by the Ministry of Justice. They are available here https://www.gov.uk/government/collections/government-foi-statistics

More detailed figures for the constituent parts of section 38 could only be provided at disproportionate cost.

The Cabinet Office has not issued guidance 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: http://www.justice.gov.uk/information-access-rights/foi-guidance-for-practitioners/exemptions-guidance


Written Question
Cabinet Office: Freedom of Information
Thursday 9th July 2015

Asked by: Peter Grant (Scottish National Party - Glenrothes)

Question to the Cabinet Office:

To ask the Minister for the Cabinet Office, on how many occasions his Department applied the exemption in section 38(1)(a) of the Freedom of Information Act 2000 (disclosure likely to endanger the physical or mental health of any individual) in wholly or partly refusing a freedom of information request in each of the last five years.

Answered by Matt Hancock

Statistics on the use of Freedom of Information exemptions (including the use of Section 38) are published by the Ministry of Justice. They are available here https://www.gov.uk/government/collections/government-foi-statistics

More detailed figures for the constituent parts of section 38 could only be provided at disproportionate cost.

The Cabinet Office has not issued guidance 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: http://www.justice.gov.uk/information-access-rights/foi-guidance-for-practitioners/exemptions-guidance


Written Question
Cabinet Office: Freedom of Information
Thursday 9th July 2015

Asked by: Peter Grant (Scottish National Party - Glenrothes)

Question to the Cabinet Office:

To ask the Minister for the Cabinet Office, 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 Matt Hancock

Statistics on the use of Freedom of Information exemptions (including the use of Section 38) are published by the Ministry of Justice. They are available here https://www.gov.uk/government/collections/government-foi-statistics

More detailed figures for the constituent parts of section 38 could only be provided at disproportionate cost.

The Cabinet Office has not issued guidance 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: http://www.justice.gov.uk/information-access-rights/foi-guidance-for-practitioners/exemptions-guidance