Guidance

Memorandum of Understanding between the Secretary of State of Justice and the Information Commissioner

The Information Commissioner and the Secretary of State for Justice have agreed on Memoranda of Understanding.

• From: Ministry of Justice
• Published: 24 January 2014

Documents

Memorandum of Understanding on National Security Cases (DPA)

PDF, 42.6 KB, 12 pages

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Memorandum of Understanding on National Security Cases (FOIA/EIRs)

PDF, 44 KB, 12 pages

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Details

The Information Commissioner and the Secretary of State for Justice have agreed on Memoranda of Understanding on National Security Cases in relation to the Data Protection Act 1998 (DPA), the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2002 (EIRs).

These set out the guidelines on the handling and investigation by the Information Commissioner of complaints received about national security cases under sections 42 and 43 of the DPA where the national security exemption in section 28 has been relied upon in response to a subject access request; and under sections 50 and 51 of the FOIA insofar as they relate to cases where the national security exemptions in sections 23 and 24 of the FOIA or the national security exception in regulation 12(5)(a) of the EIRs have been relied on.

The Memoranda of Understanding reflect practice that has developed over the last eight years on the handling of these matters, and are as such not imposing any new obligations on Government Departments or the Information Commissioner. These Memoranda replace the Memorandum of Understanding between the Secretary of state for Constitutional Affairs and the Information Commissioner signed on 24 February 2005.

Published 24 January 2014