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Section 27 - International Relations

FOI full exemptions guidance

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Chapter 02: What constitutes information of the type covered by this exemption?

2.1 Section 27 consists of two different kinds of exemption.

The first (section 27(1)) focuses on the effects of disclosure rather than on the type of information (information whose disclosure would or would be likely to prejudice any of the matters mentioned in section 27(1)(a) - (d)).
The second (section 27(2)) describes information by reference to its origins and the circumstances in which it was obtained (confidential information obtained from another state or from an international court or organisation).

They are linked by the policy proposition that the effective conduct of the United Kingdom's international relations, and its ability to protect and promote its interests abroad, would be compromised if certain information held within government were made known publicly (including, for example, to other states) or if other states or international organisations became concerned that the confidence within which they consider their exchanges with the United Kingdom to take place might not be respected. Whether the disclosure of any particular information would be of such a nature or have such an effect depends on the circumstances and must be considered on a case by case basis.

2.2 When either part of this exemption is engaged, the public interest test must be applied (see paragraph 3.6) before any decision is taken to release or withhold any information. This involves weighing the competing public interests in disclosure and protection of the information. Every request must be considered on its merits in all the relevant circumstances of the case.

2.3 Information whose disclosure is potentially covered by this exemption spans a broad spectrum and could include, for example:

reports on, or exchanges with, foreign governments or international organisations such as the EU, NATO, the UN, Commonwealth, World Bank or International Monetary Fund;
information about the United Kingdom's activities relating to United Kingdom citizens or companies abroad, particularly their consular and commercial interests;
information about other states' views or intentions provided in the course of diplomatic and political exchanges of views;
details of inward and outward state visits and visits by Ministers and officials;
information supplied by other states on diplomatic or other channels;
discussion within the United Kingdom government on approaches to particular states or issues;
information relevant to actual or potential cases before an international court; and
details of the United Kingdom's positions in multilateral or bilateral negotiations.

2.4 These examples are not exhaustive and are provided as an illustration of the kind of information the potential disclosure of which that might trigger use of the exemption. It is important to note, with the exception of confidential information covered by section 27(2), this exemption is triggered by the likelihood of prejudice being caused by disclosure and not because the information falls within a particular description.