Freedom of Information Act 2000 (c. 36) – Section 44 – Prohibitions on disclosure.

Sections

Section 44Prohibitions on disclosure.

(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 [^F1[^F2assimilated] 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).

Amended text

This Section is shown as amended by S.I. 2018/1353; S.I. 2023/1424 (see the annotations below), as incorporated in the text in force on 7 October 2026 as published on legislation.gov.uk.

Annotations

Textual Amendments

F1 Words in s. 44(1)(b) substituted (31.12.2020) by The Freedom of Information Act 2000 (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1353), regs. 1, 2; 2020 c. 1, Sch. 5 para. 1(1)
F2 Word in s. 44(1)(b) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 46

Modifications etc. (not altering text)

C1 S. 44 excluded (1.12.2007) by Statistics and Registration Service Act 2007 (c. 18), ss. 40(1)(2), 74; S.I. 2007/3388, art. 2(f)

https://foia.digiphile.law/article/article-44.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.