Confidential information obtained from a foreign state or international organisation
What information does this cover?
Information (in any form) obtained, in confidence, from another state (i.e. country) or international organisation.
Working assumption
If, having been consulted, the state or organisation concerned objects to disclosure on the basis that the information was provided in confidence or if, in the absence of consultation, the circumstances make it reasonable to assume that the state or organisation would object to disclosure on the basis that the information was provided in confidence - withhold, citing exemption under section 27(2) of the Act (international relations).
Procedural issues: consult the state or international organisation concerned if there is doubt about whether the information is confidential or their attitude to disclosure. However, if the state or organisation concerned has itself put the information into the public domain (in any language), it may be assumed that this information can be released.
If release would be contrary to an obligation under international law, for example, in a treaty to which the United Kingdom is a party - withhold citing exemption section 27(1) (international relations) and section 44(1)(b) of the Act (prohibitions on disclosure) (European law obligations only).
Reason for the assumption
The effective conduct of international relations depends upon maintaining trust and confidence between states and international organisations. This relationship of trust allows for the free and frank exchange of information on the understanding that it will be treated in confidence. If the United Kingdom does not respect such confidences, its ability to protect and promote United Kingdom interests (examples of which are listed at Annex A) through international relations will be hampered in a number of ways:
- The state or organisation concerned could be reluctant to share information with the United Kingdom in future, hampering the government's ability to protect and promote the United Kingdom's interests overseas.
- States and organisations not directly concerned with supply of information in question could be less willing to provide similar information to the United Kingdom, again hampering the United Kingdom's ability to protect and promote its interests overseas.
- States and international organisations could be less likely to respect the confidential nature of information supplied by the United Kingdom, to the detriment of the United Kingdom's interests.
- Disclosure may provoke a negative reaction in the state or organisation whose confidence has been breached. The nature and extent of such a reaction will vary according to the circumstances but could seriously damage the United Kingdom's interests.
Disclosure is prohibited, if the disclosure of the information is contrary to a binding obligation on the United Kingdom under international law.
Referral points
If any information falling within the scope of a request comes from any foreign government or international organisation and is protectively marked, departments should always refer the case to the Clearing House.
Annex A: UK interests
The UK's interests are broad and may include:
- Economic interests: commercial interests including trade and investment, energy, and the global economy.
- Security interests: counterterrorism, weapons proliferation, intelligence, crime prevention, migration, and defence.
- Diplomatic interests: the effective development of international institutions, particularly the UN and EU, treaty negotiating positions, and reputation/standing on key issues (for instance - climate change, conflict resolution, promoting sustainable growth and reducing poverty and inequality).
- Consular interests: support and protection for British Nationals abroad.