Section 32: International relations

When disclosure would prejudice international relations or the interests of the United Kingdom abroad.

International relations#

Section 32 of FOISA exempts information where disclosure would substantially prejudice the UK’s relations with other states or international organisations, or the promotion or protection of UK interests abroad, or where the information was received in confidence from a foreign government or international body.

In plain terms#

The authority is saying: releasing this would damage Britain’s relationships with other countries or international organisations. Since foreign affairs is reserved to Westminster, this exemption is rarely encountered in Scottish FOI. It tends to arise when Scottish authorities hold information that touches on international dealings - for example, trade visits, cross-border environmental issues, or EU-related policy.

You ask the Scottish Government for correspondence with the European Commission about fisheries policy. They refuse under section 32, arguing that releasing the details of confidential negotiations would substantially prejudice the UK’s relations with the EU.

The legal detail#

Section 32(1)(a) exempts information where disclosure would, or would be likely to, substantially prejudice: relations between the UK and any other state, international organisation, or international court; the interests of the UK abroad; or the promotion or protection by the UK of its interests abroad.

Section 32(1)(b) exempts confidential information obtained from another state, international organisation, or international court. This is a class-based limb - the information only needs to be confidential and from a foreign source. No prejudice test is needed.

Section 32(2) defines “confidential” for this purpose. The information qualifies if the terms on which it was provided require confidentiality, or the circumstances of how it was obtained make it reasonable for the source to expect confidentiality.

Absolute or qualified?#

Both limbs are qualified. The public interest test applies. The authority must weigh the public interest in disclosure against the interest in protecting international relations or maintaining the confidence of foreign sources.

The First Minister has the power under section 52 to overrule the Commissioner on section 32(1)(b) decisions - the confidential international information limb. This power has never been used.

See What can they refuse? for more on how the public interest test works.

How it’s used in practice#

Section 32 is unusual in Scottish FOI requests. Most international relations material is held by UK Government departments and falls under the UK FOI Act instead. Where it does come up, it tends to involve the Scottish Government’s dealings with the EU, international trade bodies, or foreign governments on devolved matters like fisheries, environment, or justice.

For section 32(1)(a), the authority must show substantial prejudice to international relations. General claims about diplomatic sensitivity won’t do. The Commissioner expects the authority to explain how disclosure of the specific information would cause real damage to a specific relationship or to UK interests abroad.

For section 32(1)(b), the test is different. The authority need only show the information was obtained from a foreign source in confidence. But the public interest test still applies, and strong public interest arguments can override even genuinely confidential international material.

How to challenge it#

Check which limb the authority is relying on. Section 32(1)(a) requires substantial prejudice to be demonstrated; section 32(1)(b) requires the information to be genuinely confidential and from a foreign source. The refusal letter should make this clear.

If the authority cites section 32(1)(a), look at whether the claimed prejudice is specific or vague. Ask: what relationship would be damaged, and how? If the international dealings in question are already public knowledge - through press reporting, parliamentary statements, or official publications - the case for withholding is weaker.

If the authority cites section 32(1)(b), consider whether the information truly was given in confidence. Not all information exchanged between governments is confidential. If it was shared at a public forum or published in another country, the confidentiality argument falls apart.

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: There is no time limit on section 32 - it can apply to records of any age. The authority can also neither confirm nor deny whether it holds the information, but only if the information (if held) would be exempt under section 32 and revealing whether it exists would be contrary to the public interest (section 18).