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FOI full exemptions guidance

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Section 23 - Information Supplied by, or Related to, Bodies Dealing with Security Matters

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Chapter 05: Interrelation with other exemptions

5.1 In addition to the section 24 exemption there is nothing to prevent the use of other exemptions if a section 24 and/or a section 23 exemption is relied upon in relation to the same information. Given the potential for overlap between exemptions, departments should be aware of the existence of other exemptions at the same time as relying on either section 23 or section 24. For example, if a department considers that an exemption is required for the purpose of safeguarding national security, it may also be appropriate to claim an exemption under section 26 (defence), section 27 (international relations) and section 29 (the economy).

5.2 However, since the other exemptions do not contain provision for Ministerial certificates to be deployed, there would be procedural questions to be considered if reliance on the exemptions were challenged. Thus if, say, an exemption was claimed under sections 23 and/or 24, and section 26 (Defence) the potential appeal routes would be as follows:

An appeal against a certificate served under section 23 or section 24 would be made to the Tribunal (under section 60) by either the applicant or the Commissioner;
The challenge on the balance of the public interest in disclosure in relation to the section 24 exemption would be made by the applicant to the Commissioner (but this may be adjourned pending the outcome of the appeal to the Tribunal on the certificate);
The challenge to the section 26 exemption would be made by the applicant to the Commissioner. Again, it may be appropriate to invite the Commissioner to adjourn this pending the hearing of the appeal to the Tribunal on the section 23 or section 24 certificate.