International relations
- This briefing provides guidance on the consideration and application of the exemptions under section 32 (International relations) of the Freedom of Information (Scotland) Act 2002 (FOISA), and the exceptions under regulation 10(5)(a) of the Environmental Information (Scotland) Regulations 2004 (the EIRs);
- Under section 32(1)(a) information will only be appropriately withheld where it can be demonstrated that release would, or would be likely to, prejudice substantially relations between the UK and any other State, international organisation or international court; the relations of the UK abroad or the promotion or protection by the UK of its interests abroad
- Under section 32(1)(b) information will only be appropriately withheld where it can be demonstrated that it is confidential information obtained from a State other than the UK or an international organisation or international court.
- Public authorities should develop full and appropriate reasoning and / or evidence in support of the application of any exemption or exception.
- The risk of prejudice to the interest or relationship is likely to diminish as time passes.
- Each of the relevant FOISA exemptions and EIR exceptions are subject to the public interest test.
The briefing is intended to provide general guidance on the interpretation and application of the relevant sections. Please remember that all requests for information must be considered on a case by case basis - the Commissioner's decision is made on the basis of the specific circumstances of each case.
