The section 10 prong was made non-absolute in response to amendments
that we tabled to the FOI bill during its Parliamentary passage.
The scenario we identified was as follows. Suppose Robert Maxwell, or
an employee of an authority, is found to have been responsible for
serious financial or other misconduct and learns that his role may be
made public as a result of an FOI request. To pre-empt this he serves
a section 10 notice on the authority, which prevents the authority
disclosing the information either in response to an FOI request or at
its own initiative. The authority accepts the notice, perhaps to avoid
any publicity for its own shortcomings in preventing the problem. As
the bill stood originally, a section 10 notice would automatically have
defeated an FOI request, regardless of the circumstances. By making it
subject to the public interest test, the case for disclosure could at
least be taken into account.
Maurice Frankel
Campaign for Freedom of Information
On 9 Nov 2004, at 8:56, Gerry Dane wrote:
> Dear All,
>
> Can anyone give me an HEI example of how they see the non-absolute
> element of this exemption in action.
>
> I understand the DPA Section 10 context - but I'm having trouble
> conjuring an illustrative example to use in training.
>
> Many thanks,
>
> Gerry.
>
> Mr.G.Dane
> 6 Kensington Terrace
> University of Newcastle
> Newcastle upon Tyne
> NE1 7RU
> Email: [log in to unmask]
> -------------------------------------------
> The views expressed in this message are those of the
> sender and not necessarily those of the University.
>
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