Section 44 applies to three distinct categories of information:
If there is an existing statutory bar to the disclosure of information
by a public authority then that information will be exempt;
If disclosure would be incompatible with a European Community obligation
then the information will be exempt; and
If disclosure would constitute or be punishable as a contempt of court
at common law (for example because it would breach a court order) then
it will be exempt.
Key points:
The Human Rights Act 1998 can be a statutory bar to the disclosure
of information if to do so would breach one of the Convention rights
that have been incorporated into domestic law;
Section 44 is not subject to any public interest
balance.
