Freedom of Information Bill - continued        House of Lords
PART II, EXEMPT INFORMATION - continued

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Information provided in confidence.     41. - (1) Information is exempt information if-
 
 
    (a) it was obtained by the public authority from any other person (including another public authority), and
 
    (b) the disclosure of the information to the public (otherwise than under this Act) by the public authority holding it would constitute a breach of confidence actionable by that or any other person.
      (2) The duty to confirm or deny does not arise if, or to the extent that, the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) constitute an actionable breach of confidence.
 
Legal professional privilege.     42. - (1) Information in respect of which a claim to legal professional privilege or, in Scotland, to confidentiality of communications could be maintained in legal proceedings is exempt information.
 
      (2) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would involve the disclosure of any information (whether or not already recorded) in respect of which such a claim could be maintained in legal proceedings.
 
Commercial interests.     43. - (1) Information is exempt information if it constitutes a trade secret.
 
      (2) Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it).
 
      (3) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice the interests mentioned in subsection (2).
 
Prohibitions on disclosure.     44. - (1) Information is exempt information if its disclosure (otherwise than under this Act) by the public authority holding it-
 
 
    (a) is prohibited by or under any enactment,
 
    (b) is incompatible with any Community obligation, or
 
    (c) would constitute or be punishable as a contempt of court.
      (2) The duty to confirm or deny does not arise if the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) fall within any of paragraphs (a) to (c) of subsection (1).
 
 
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