Section 27 - Information intended for future publication

Challenge a refusal under FOISA section 27 - the authority says it plans to publish the information

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What this exemption means#

The authority is saying it plans to publish the information, so you should wait for the planned publication rather than getting it through FOI.

This is a qualified exemption, so even if the conditions are met, the authority must also show that the public interest in withholding outweighs the public interest in disclosing.

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What the authority must show#

Section 27 contains two separate exemptions:

Section 27(1) - the authority or a third party plans to publish the information within 12 weeks. All three conditions must be met:

  1. The information was held with a view to publication within 12 weeks
  2. That intention existed at the time your request was made (not decided afterwards)
  3. It is reasonable to withhold the information until the planned publication date

Section 27(2) - the information was obtained from, or derived from, a programme of research that is continuing with a view to publication, and early disclosure would cause substantial prejudice. While primarily aimed at universities, this exemption can be used by any authority. It is rarely used.

For both, the authority must also pass the public interest test.

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Things to check#

  • Did they say when they plan to publish? The authority should give you a specific timeframe. If they haven’t, you can’t verify whether the 12-week condition is met.

  • Was publication already planned? The intention to publish must have existed before your request arrived. If the “plan” to publish was only created in response to your request, that’s not a genuine prior intention.

  • Is 12 weeks reasonable? Even within 12 weeks, there may be a strong public interest in having the information now - for example, if it’s relevant to a current public debate or decision.

  • Did they do the public interest test? As a qualified exemption, they must weigh the public interest in disclosure against the public interest in withholding. Simply saying “we plan to publish it” is not enough.

  • Has the publication happened? If the planned publication date has now passed and the information hasn’t been published, the exemption no longer applies. Contact the authority again.

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Use the interactive tool#

Answer the questions below to check whether section 27 has been properly applied to your request.