RESPONSES ON TOPIC 5 - PROHIBITIONS TO DISCLOSURE OF INFORMATION ( Question 25)
10.1 Around a quarter of respondees provided a response to this question. A number of respondees made reference to one or more of the statutory prohibitions which had been removed for England/Wales by the Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004. For example Section 28 of the Health and Safety at Work Act 1974.
10.2 Comment was also made on a limited number of other provisions regarded as providing a statutory prohibition. (See Annex 9). In only a very few of the responses were specific examples provided of request cases where prohibitions had in practice prevented disclosure.
10.3 A majority of the respondees did comment, in relation to this question, on the challenge of dealing with the interactions between Freedom of Information and Data Protection legislation. While acknowledging that this was an occasion where the prohibition was justifiable, a number also suggested that there was a need for better guidance on this for both public authorities and for the public.