Section 27: Information intended for future publication

When a Scottish public authority intends to publish the information you have requested.

Information intended for future publication#

Section 27 of FOISA exempts information that the authority plans to publish soon. The idea is that you shouldn’t need to use FOI to get something that’s about to come out anyway.

In plain terms#

The authority is telling you: we’re going to publish this within 12 weeks, so it’s reasonable for you to wait. This might come up with draft reports, statistics due for release, or consultation responses being prepared for publication. The authority has to have a genuine plan to publish, not just a vague intention.

A council says it plans to publish a review of school catchment areas in six weeks. It refuses your request under section 27, saying it’s reasonable for you to wait. If the report is genuinely scheduled, this may be a fair use of the exemption.

The legal detail#

Section 27(1) exempts information that the authority (or someone else) intends to publish within 12 weeks of your request, where the information is already held with a view to publication and it’s reasonable in all the circumstances to withhold it until then.

Section 27(2) is a separate provision aimed at research. It exempts data obtained in the course of, or derived from, a programme of research where disclosure would, or would be likely to, substantially prejudice the programme itself, the researchers, or the body planning to publish the results.

Absolute or qualified?#

Both parts of section 27 are qualified. The public interest test applies. Even if the authority plans to publish soon, they must still weigh whether the public interest in releasing the information now outweighs the interest in waiting.

For the research exemption in section 27(2), the harm test is “substantial prejudice” - the authority must show that early disclosure would cause real, significant damage to the research programme.

How it’s used in practice#

Section 27(1) is fairly uncommon. When it does appear, it tends to involve reports, statistics, or policy documents that are in the final stages before publication. The 12-week window is strict. The authority must show that publication is genuinely planned within 12 weeks of the date of your request.

The reasonableness test matters here. Even within the 12-week window, the authority needs to consider whether it’s actually reasonable to make you wait. If the information is urgent or time-sensitive, the public interest may favour early release.

Section 27(2), the research exemption, is rarer still. It protects academic and scientific research from being undermined by premature disclosure. Universities and research bodies are the most likely users.

How to challenge it#

Ask the authority when exactly they plan to publish. If the refusal letter doesn’t give a date, that weakens their position. If they say “in due course” or give a vague timeframe, press for specifics.

If the 12-week window has passed since you made your request and the information still hasn’t been published, the exemption no longer applies. Write back and point this out. Ask them to reconsider the request now that the window has closed.

Check whether the planned publication actually covers the same information you asked for. Sometimes the authority intends to publish a summary or a different version, not the specific records you requested. If so, section 27 may not apply to the information you actually wanted.

On the public interest test, consider whether there’s an urgent reason for the information to come out now rather than later. A delay of a few weeks might seem minor, but if there’s a live public debate or a decision being taken in the meantime, the balance may favour immediate disclosure.

See What to do if refused for the full process.

You can also use our interactive challenge tool for this exemption to work through these questions step by step and draft a review request.

Good to know: The 12-week clock starts from the date of your request, not from the date of the refusal letter. If the authority took several weeks to respond and the 12 weeks have already elapsed, the exemption can no longer apply.