Freedom of Information Act 2000
2000 Chapter 36 - continued
PART II, EXEMPT INFORMATION - continued

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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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