s22: Information intended for future publication

Summary

  • Qualified exemption, therefore consideration of the public interest test is required;
  • Duty to confirm or deny whether the information exists;
  • The information must be held with a view to its publication. Although an actual date is not required, there must be some evidence to substantiate the claim that, at the time the request was made, there was a settled intention to publish. It will not be permissible to argue an intention to publish the information when that decision was only made after the request was received;
  • It should be reasonable in all circumstances that the information is withheld from disclosure until the referred date (unlikely to withstand if greater than a year);
  • It is unlikely that information can be held back as a result of administrative inefficiency or to cover official embarrassment.

Examples of information that may fall under this exemption:

  • Minutes of meetings - it would be reasonable to withhold minutes until formal approval at the next meeting (where necessary);
  • Annual Reports (current year) – it would be reasonable to withhold the full report under this exemption, but if applicant requested a small amount of information within it, this may have to be provided in advance of the publication date;
  • Press releases, publications / leaflets;
  • PhD / Research theses.

Sources of further information

More detailed guidance notes about this exemption can be found by viewing the following links: