E-Mails without S36

The request was refused by National Archives.

Dear National Archives,

Under FOI, please can you provide me with copies of all emails disclosed as part of F0055506 but without any application of Section 36?

Yours faithfully,

JJ Evans

FOI Requests, National Archives

Dear JJ Evans,
 
Thank you for your information request to The National Archives. We are
handling your request and have given it reference number CAS-67967-C9P0F3.
 
In line with the restrictions in England, The National Archives’ reading
room service is suspended for the wellbeing of our visitors, staff and
suppliers. Processing of FOI Requests will continue to be affected, as
staff access to records is currently restricted. Please see our website
for the latest updates on our services and the availability of our
collections:
[1]https://www.nationalarchives.gov.uk/abou...  
 
We will update you on the progress of your request by 07/05/2021 23:59.
 
Your request is being processed by The National Archives’ Freedom of
Information Centre. To learn more about the work of the FOI centre please
visit the following webpage: [2]www.nationalarchives.gov.uk/foi/
 
Yours sincerely,
 
The Freedom of Information Centre
Government & Information Rights 
The National Archives
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FOI Requests, National Archives

Dear JJ. Evans,

Thank you for your enquiry of 8^th April 2021 regarding a review of
information withheld in response to FOI request F0055506.

The National Archives has now re-opened to offer reading room services to
pre-booked visitors. Processing of FOI Requests will continue to be
affected, as due to ongoing safety measures only a limited number of our
team are currently able to work on site. Please see our website for the
latest updates on our services and the availability of our collections:
[1]https://www.nationalarchives.gov.uk/abou...

I am writing to inform you that we are required to conduct a public
interest test in relation to your request and we will let you know the
result of this by 7^th June 2021.

This is because this information is covered by the exemption at section 36
of the Freedom of Information Act 2000.

Section 36 exempts information which would, if released, prejudice the
effective conduct of public affairs. When this exemption applies we are
required to consider whether it is in the public interest to release the
information.  However, if it is decided that the public interest would not
be served by releasing the information we will explain the reasons for
this in our final response.

We will email you to inform you of the outcome of the public interest test
as explained above. In the meantime, if you have any queries regarding
this email please do not hesitate to contact us. Remember to quote the
reference number above in any future communications.

Yours sincerely,

FOI Assessor
Freedom of Information Centre
Government and Information Rights
The National Archives

 

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FOI Requests, National Archives

Dear JJ. Evans,

Thank you for your enquiry of 8^th April 2021 regarding a review of
information withheld in response to FOI request F0055506.
 
The National Archives has now re-opened to offer reading room services to
pre-booked visitors. Processing of FOI Requests will continue to be
affected, as due to ongoing safety measures only a limited number of our
team are currently able to work on site. Please see our website for the
latest updates on our services and the availability of our
collections: [1]https://www.nationalarchives.gov.uk/abou...
 
We wrote to you on 7^th May 2021 to inform you that information in this
record is covered by a qualified exemption under the Freedom of
Information Act 2000.  This requires us to carry out a public interest
test to determine whether the information can be released.
The test is still being considered and we hope to have reached a decision
by 2^nd July 2021. Once the test has been completed we will provide
further explanation regarding the decision reached.

We hoped it would have been completed by this time but unfortunately a
decision has not yet been reached. Under the FOI Act we are allowed a
reasonable period of time to conduct the test, and where a case raises
complex public interest considerations we are permitted to extend the time
allowed to reach a decision.
 
To remind you, the exemption being considered is at section 36 of the
Freedom of Information Act 2000. Section 36 exempts information which
would, if released, prejudice the effective conduct of public affairs.
When this exemption applies we are required to consider whether it is in
the public interest to release the information.  However, if it is decided
that the public interest would not be served by releasing the information
we will explain the reasons for this in our final response.
 
We will email you to inform you of the outcome of the public interest test
as explained above. In the meantime, if you have any queries regarding
this email please do not hesitate to contact us. Remember to quote the
reference number above in any future communications.
 
Yours sincerely,
 
FOI Assessor
Freedom of Information Centre
Government and Information Rights
The National Archives

 

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FOI Requests, National Archives

6 Attachments

  • Attachment

    F0055506 section 36 Page 7.jpg

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    F0055506 section 36 Page 24.jpg

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    F0055506 section 36 Page 23.jpg

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Dear JJ. Evans,

Thank you for your enquiry of 8^th April 2021, in which you asked for
information withheld from FOI request F0055506 under section 36 of the FOI
Act.

Your request has been handled under the Freedom of Information (FOI) Act
2000. The FOI Act gives you the right to know whether we hold the
information you want, and to have it communicated to you, subject to any
exemptions which may apply.

Unfortunately, we are unable to provide you with this information because
it remains covered by the exemption at section 36(2)(b & c) of the FOI
Act, which exempts information if release would prejudice the conduct of
public affairs. For further information concerning this exemption, please
follow this [1]link to the website of the Information Commissioner’s
Office.

Section 36 (2) (b-c) is a qualified exemption. It exempts information from
release if, in the reasonable opinion of a qualified person, disclosure of
the information would, or would be likely to; inhibit the free and frank
provision of advice, the free and frank exchange of views for the purposes
of deliberation, or would otherwise prejudice, or would be likely to
otherwise prejudice, the effective conduct of public affairs.

We are required to conduct a public interest test when applying any
qualified exemption. This means that after it has been decided that the
exemption is engaged, the public interest in releasing the information
must be considered.  If the public interest in disclosing the information
outweighs the public interest in withholding it then the exemption does
not apply and must be released.  In the FOI Act there is a presumption
that information should be released unless there are compelling reasons to
withhold it.

With the agreement of the Qualified Person, who in this case is the Chief
Executive of the National Archives, in whose reasonable opinion this
exemption is engaged, the public interest has now been concluded and the
balance of the public interest has been found to fall in favour of
non-disclosure.

Considerations in favour of the release of the information included the
principle that there is a public interest in showing a true and open
account of government decision-making, making for greater accountability
and increasing public confidence in the integrity of the decisions
made. There is also a general public interest in being able to evaluate
government policy.

However, it is considered that the release of some of the information
requested would prejudice the effective function of the process for
retention and transfer of public records. It is important that officials
are able to exchange views freely and frankly and to fully discuss any
issues that effect this process. To release some of the information
requested may act as an inhibitor to necessary discussions which would not
be in the public interest and would be likely to prejudice The National
Archives ability to carry out its obligations under the Public Records Act
1958. As such, release of this information would be seen to prejudice the
effective conduct of public affairs.

After careful consideration, it has been decided that the balance of the
public interest lies in favour of withholding the information on this
occasion and that the factors for non-disclosure outweigh any benefits of
release.

In order to help distinguish the volume of information that was withheld
under section 36, I have attached images of those emails, provided in
response to FOI request F0055506, which engaged section 36. Information
withheld under section 36 is marked in red. All other exempt information
was withheld under section 40(2) of the FOI Act.

Section 40 exempts the release of personal information about a ‘third
party’ (someone other than the requester), if revealing it would breach
the terms of Data Protection Legislation. Data Protection Legislation
prevents personal information from release if it would be unfair or at
odds with the reason why it was collected, or where the subject had
officially served notice that releasing it would cause them damage or
distress. Personal information must be processed lawfully, fairly and in a
transparent manner as set out by Art. 5 of the General Data Protection
Regulation (GDPR).

In this case the exemption applies because the emails contain the names
and contact details of junior officials.  Releasing personal information
about junior members of staff, who have not given express permission,
would be deemed to be unfair, as there is no expectation that this
information would be released into the public domain.  This would be
unlawful under Data Protection Legislation as it would be in breach of one
of the Data Protection Principles and, under section 40(2) of the FOI Act,
we are not obliged to provide information that is the personal information
of another person if releasing would contravene any of the data protection
principles.  Therefore, the names of all civil servants below SCS grade
were redacted.

If you are dissatisfied with the handling of your request or the decision
which has been reached, you have the right to ask for an internal review. 
Internal review requests must be submitted within two months of the date
of this response and should be addressed to:

Quality Manager
Programme Management Office
The National Archives
Kew
Richmond
Surrey
TW9 4DU
[2][email address]

Please mark your complaint clearly. You have the right to ask the
Information Commissioner (ICO) to investigate any aspect of your
complaint. However, please note that the ICO is likely to expect internal
complaints procedures to have been exhausted before beginning her
investigation.

Yours sincerely,

FOI Assessor
Freedom of Information Centre
The National Archives

EXPLANATORY ANNEX

Your request in full:

Under FOI, please can you provide me with copies of all emails disclosed
as part of F0055506 but without any application of Section 36?
 

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