Leveson Inquiry Documents - Closed for 100 Years

The request was partially successful.

Dear National Archives,

you kindly answered an FoI inquiry for me recently, concerning a single document from the Leveson Inquiry.

Since then, it has become apparent to me that there are circa 10,000 documents relating to the Leveson inquiry.. almost all of which are closed for 100 years (*).

I have read your document "Closure Periods" in an effort to understand (**)

I have also read and reviewed your document "Access to public records" which explains the procedure used to transfer information to the National Archives (***) to better understand how the appropriate closure period is specified.

For example, it specifies that "Departments should identify which records, or potentially which parts of records, require closure and apply restrictions appropriately.
Large numbers of records should not be closed if only a few actually contain sensitive information. If there are multiple reasons for closure then identify all of them."

It seems odd that all of the Leveson documents should be closed, given many do not contain sensitive personal information, and most if not all formed part of evidence to a public inquiry.

The 100 year rule is normally used *only* for personal information, and *only* where the lifetime of the subject is unknown. Otherwise, the closure period used should be 100 minus age of the data subject.

In the case of the Mulcaire document recently requested from you, that would make the closure period circa 50 years (with apologies to Mr Mulcaire if I have over estimated his age).

"If the sensitivity review identifies information which should not to be released to the public because one or more FOI exemptions apply, the department should prepare an application schedule identifying this information precisely, citing the relevant exemption(s), explaining why the information should not be released and identifying a date at which either release would be appropriate or the case for release should be reconsidered".

Please could you disclose to me then...

1) Any instructions received from the transferring Department (MoJ?) concerning the transfer of Leveson Inquiry documentation,
2) The associated schedule identifying those records which require closure,
3) .. and the corresponding identification of all the reasons for closure/FoI exemptions which apply to each item so restricted.

many thanks
Yours faithfully,
P John

* http://discovery.nationalarchives.gov.uk...
** https://www.nationalarchives.gov.uk/docu...
***https://www.nationalarchives.gov.uk/docu...

P. John left an annotation ()

foienquiry, National Archives

Freedom of Information Request: F0039937

Dear Mr John,

Thank you for your enquiry of 23 September 2014 regarding access to information relating to the transfer of Leveson Inquiry files.

1. Any instructions received from the transferring Department concerning the transfer of Leveson Inquiry documentation,
2. The associated schedule identifying those records which require closure,
3. and the corresponding identification of all the reasons for closure/FoI exemptions which apply to each item so restricted.

The Freedom of Information Act 2000 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.

I am very sorry but we are unable to provide you with a final decision on your request within the 20-day time frame imposed by the Act. The complex nature of the requested information means that we have to consult with several government departments whose opinions must be sought before a decision can be made.

Let me assure you that this case is still being progressed, and I hope to have an update for you by 5 November 2014.

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,

Helen Potter

Freedom of Information Manager
Freedom of Information Centre
Information Management and Practice Department
The National Archives

If you would like to contact us again regarding
this request, please contact the helpdesk:

via e-mail: By replying to this e-mail
or (020 8876 3444)
Remember to quote your call reference number: F0039937 in any
correspondence, as this will assist us in providing you with a
quick response.

www.nationalarchives.gov.uk

Please don't print this e-mail unless you really need to.

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foienquiry, National Archives

6 Attachments

Freedom of Information Request: F0039937

 

Dear Mr John,

 

Thank you for your enquiry of 23 September 2014, in which you asked for
the following information about transfer of Leveson Inquiry files to The
National Archives. Please accept our apologies for the delay in sending
our response to you and we are sorry for any inconvenience that this may
have caused.

 

We have handled your request under the Freedom of Information Act 2000.
The Act gives you the right to know whether we hold the information you
require and, if so, to be provided with that information. I can confirm
that The National Archives holds information relevant to your request

 

1. Any instructions received from the transferring Department concerning
the transfer of Leveson Inquiry documentation

 

Please see the attached documents LEV 1 Transfer Form, LEV 2 Transfer Form
and LEV 3 Transfer Form. The transfer form accompanies digital records
when they are transferred to The National Archives. It includes the
authority to transfer from the department (in this case the Department for
Culture, Media and Sport) and a description of the number and size of
documents to be transferred.

 

         The entire contents of the website, including video recordings of
the hearings and all documents as published and available on the web. This
information was catalogued as LEV 1. The [1]Leveson Inquiry website is
freely available via the Web Archive.

         The entire contents of the inquiry evidence database, which
included all court transcripts, witness statements, evidence relating to
oral hearings and rulings made by the Inquiry Chairman. These documents
were catalogued as LEV 2.

         Any further information generated by the Inquiry deemed worthy of
permanent preservation in relation to its administrative operation. These
documents are catalogued into LEV 3.

 

For further information on the transfer process please use the link below:
[2]http://www.nationalarchives.gov.uk/infor...

Some of the information is covered by the exemption at section 40 of the
FOIA. This exempts personal information about a third party (someone other
than the requester)

 

The Data Protection Act (DPA) 1998 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.

 

In this case the exemption applies because the forms contain the names of
individuals in junior positions. The release of names and contact details
of junior officials who have not given express permission would be deemed
to be unfair as there is no expectation that this information would be
released. As such the names and contact details of junior officials are
not being provided to you.

 

2. The associated schedule identifying those records which require closure

 

Please see the attached documents FOI schedule 52 - LEV 2 entries and FOI
schedule 61 - LEV 3 entries. These entries have been extracted from the
FOI schedules that were submitted to the Lord Chancellors Advisory
Council. These schedules are created using information provided in
applications by government departments to keep records closed. These
schedules are then submitted to the Lord Chancellors Advisory Council for
approval.

 

Please see our Access Manual for more details on the procedures for
closure on transfer (page 19 to 21):
[3]www.nationalarchives.gov.uk/documents/information-management/access-to-public-records.pdf

 

We are unable to provide you some of the information you have requested
because it is covered by the exemption at section 36 of the FOIA.

Section 36 (2) Information to which this section applies is exempt
information if, in the reasonable opinion of a qualified person,
disclosure of the information under the Act

 

(i)         The free and frank provision of advice, or

(ii)        The free and frank exchange of views for the purposes of
deliberation

 

This applies to the notes field on the FOI schedules that were submitted
to the Lord Chancellors Advisory Council.

 

The balance of the public interest assesses whether the interests of the
public are best served by disclosure or non disclosure of the requested
information. The balance to be considered when using this exemption is the
public interest in ensuring that there is a space within which officials
can discuss policy options and delivery, freely and frankly. Therefore
assessing whether disclosure would have an effect on the ability of
officials and to discuss and debate such matters openly.

 

It has been determined; following the public interest test that disclosure
of some of the requested information would be prejudicial to the provision
of free and frank advice and the free and frank exchange of views. The
requirements of openness must be balanced against the proper and effective
functioning of government.

 

Having considered all the relevant arguments, our view is that the balance
of the public interest favours maintaining the exemption and withholding
some of the information under Section 36(2) (b) (i) & (ii) of the FOI Act
at this current time

 

3. Corresponding identification of all the reasons for closure/FoI
exemptions which apply to each item so restricted.

 

Once an FOI schedule has been approved by the Lord Chancellors Advisory
Council, information is then fed into Discovery, our online catalogue. The
information in the attached document Exemptions and justifications applied
to Leveson Inquiry Records identifies which exemptions have been applied
to each section of the LEV series and details as to why these exemptions
apply. This is the information that will be added to Discovery.

 

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

Public Services Development Unit

The National Archives

Kew

Richmond

Surrey

TW9 4DU

[4][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 his
investigation.

 

Yours sincerely,

David Gillespie

FOI Assessor

Freedom of Information Centre

Information Management and Practice Department

The National Archives

If you would like to contact us again regarding
this request, please contact the helpdesk:

via e-mail: By replying to this e-mail
or (020 8876 3444)
Remember to quote your call reference number: F0039937 in any
correspondence, as this will assist us in providing you with a
quick response.

www.nationalarchives.gov.uk

Please don't print this e-mail unless you really need to.

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