This website is being reviewed and updated. Some content may no longer reflect Government policy. All content has been archived and access to key documents will continue to be possible via the archived website; meanwhile a new version of the website will be launched later in the year. http://webarchive.nationalarchives.gov.uk/20100503135839/http://www.ogc.gov.uk/index.asp
There is no "blanket" exemption for Gateway information from the Freedom of Information (FOI) Act. Each Gateway FOI request must be considered on a case-by-case basis to see whether any of the exemptions listed in the Act are appropriate. If any qualified exemptions are appropriate the public interest test must then be considered. The main exemptions that are likely to apply to Gateway information are:
S43 - Commercial Interest
S33 - Audit
S35 - Formulation of government policy
S36 - Prejudice to effective conduct of public affairs - which refers to information which if disclosed would inhibit full and frank discussion. If this exemption is used it has to be referred to the relevant minister each time.
The Ministry of Justice (MoJ) has drafted guidance. Each FOI should be dealt with in accordance with MOJ"s Working Assumptions.