Freedom of Information Act 2000 (c. 36) – Section 41 – Information provided in confidence.

Sections

Section 41Information provided in confidence.

(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.

Annotations

Modifications etc. (not altering text)

C1 S. 41(1) extended (E.W.) (5.11.2013) by Mobile Homes (Wales) Act 2013 (anaw 6), ss. 61(8), 64(1) (with Sch. 5 para. 7)

https://foia.digiphile.law/article/article-41.html

Text as at 7 October 2026.

This is an unofficial convenience version of the Freedom of Information Act 2000. It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in October 2026.