Section 32 - International relations

What this exemption means#

The authority is saying that disclosing the information would harm the United Kingdom’s international relations, or that the information was received in confidence from a foreign government or international organisation.

This is a qualified exemption, so the authority must pass the public interest test.

What the authority must show#

Section 32 has two parts:

• Section 32(1)(a) - disclosure would substantially prejudice relations between the UK and another state, international organisation, or international court, or would substantially prejudice UK interests abroad. This is a prejudice-based test - the authority must show real harm.
• Section 32(1)(b) - the information is confidential information obtained from another state, international organisation, or international court. This is a class-based test - if the information falls within this class, no harm test is needed (but the public interest test still applies).

For 32(1)(a), the authority must:

1. Identify which specific international relationship or interest would be affected
2. Explain how disclosure would cause substantial prejudice
3. Carry out and explain a public interest test

For 32(1)(b), the authority must:

1. Identify the foreign state or international body that provided the information
2. Explain why the information is confidential - either the terms of supply require it, or the circumstances make it reasonable to expect confidentiality
3. Carry out and explain a public interest test

Things to check#

• Which part of section 32? The authority should say whether it is relying on 32(1)(a) (prejudice to relations) or 32(1)(b) (confidential foreign information). They have different requirements.

• Is it the UK’s relations? Section 32(1)(a) protects the UK’s international relations, not Scotland’s specifically. Prejudice to Scotland’s interests alone may not meet the test.

• Is the information already public? If the information is already in the public domain - particularly if published by the foreign government or international body concerned - it is unlikely to be confidential or to cause prejudice through disclosure.

• Is diplomatic irritation the same as substantial prejudice? Annoyance or discomfort is not the same as real harm to a relationship. The Commissioner requires that prejudice be “substantial” - real and of demonstrable significance.

Use the interactive tool#

Answer the questions below to check whether section 32 has been properly applied to your request.