Request
I would also request detail of any further criteria briefed to the Panel and the reasoning used by them in reaching their decision, as well as a copy of the minutes from the meeting.
Outcome
Some information provided.
Response
Your request for a copy of the meeting minutes has been handled under the Freedom of Information (FOI) Act 2000. The FOI Act gives you the right to know whether we hold the information you have requested and to have it communicated to you, subject to any exemptions which may apply.
I can confirm that The National Archives holds information relevant to your request.
We are pleased to be able to provide some of this information to you.
We are unable to provide you with a very small amount of the information you have requested because it is covered by an exemption under the FOI Act and has been redacted from the provided documents.
The redactions made have come under section 36 (2) of the FOI Act, which exempts information from release if, in the reasonable opinion of a qualified person, disclosure of the information would, or would be likely to; (b)(i) inhibit the free and frank provision of advice, (b)(ii) the free and frank exchange of views for the purposes of deliberation.
Secondly, some information is also exempt under section 40(2) (by virtue of section 40(3A) personal data exemption) of the Act. Section 40 exempts personal information about a ‘third party’ (someone other than the requester), if revealing it would breach the terms of Data Protection Legislation.
For further information about why these exemptions have been applied, please see the explanatory annex at the end of this letter.
Our response
The National Archives does not take verbatim minutes for the Takedown Panel meetings. However, we do take ‘notes’. For the purposes of responding to this request, we have taken ‘minutes’ and ‘notes’ to mean the same document.
Please find attached copies of two meeting ‘notes’.
The first document, ‘220803 Takedown Notes – Redacted’, is from a Takedown Panel meeting where it was agreed that the discussion for the takedown request for the AIR 78 file series should be re-scheduled. Some of the information in this document is closed under section 40 (2) of the Act. The remainder of the information, from the 8th line ending “on this situation”, is redacted as ‘out of scope’ as this consists of notes of discussions about other takedown requests.
https://cdn.nationalarchives.gov.uk/documents/cas-95354-takedown-notes-redacted.pdf
The second document, ‘220914 Extraordinary Takedown Notes – redacted’, concerns the Takedown Panel meeting held to discuss your takedown request of the AIR 78 file series. Some of the information in this document is withheld under section 40 (2) of the Act. One word is withheld under section 36 (2)(b)(i)(ii) of the Act. This can be found on page 2, paragraph 6, line 1.
https://cdn.nationalarchives.gov.uk/documents/cas-95354-extraordinary-takedown-notes-redacted.pdf
More information about why these exemptions have been applied can be found in the explanatory annex at the end of this letter.
Explanatory Annex
Exemptions applied
Section 36: Prejudice to Effective Conduct of Public Affairs
Section 36 (2)(b) exempts information from release if, in the reasonable opinion of a qualified person, disclosure of the information would, or would be likely to; (b)(i) inhibit the free and frank provision of advice and (b)(ii) the free and frank exchange of views for the purposes of deliberation.
Section 36 is a qualified exemption and we are required to conduct a public interest test when applying any qualified exemption. This means that after it has been decided that the exemption is engaged (prejudice exists), the public interest in releasing the information must be considered. If the public interest in disclosing the information outweighs the public interest in withholding it then the exemption does not apply and the information must be released. In the FOIA there is a presumption that information should be released unless there are compelling reasons to withhold it.
To confirm, with the agreement of the Qualified Person, who in this case is the Chief Executive and Keeper of The National Archives, in whose reasonable opinion this exemption is engaged, the public interest has now been concluded and the balance of the public interest has been found to fall in favour of non-disclosure for one word.
Arguments in favour of release:
Considerations in favour of the release of the information include the principle that there is a public interest in showing a true and open account of government decision-making, making for greater accountability and increasing public confidence in the integrity of the decisions made. There is also a general public interest in being able to evaluate government policy.
Given our obligations under the Public Records Act, 1958 and the importance of access to public records, there is significant public interest in the openness and transparency around the Takedown process. Thus, there is an expectation of transparency around how we operate, in relation to our Takedown policy. Release of these meeting notes may provide further understanding of the accountability of The National Archives in relation to meeting our obligations under our Takedown policy. Furthermore, disclosure would improve public confidence in the integrity of the process and decisions made.
Arguments against release:
However, it is considered that the release of some of the information requested would prejudice the effective function of the process for The National Archives’ Takedown Panel. It is important that officials are able to exchange views freely and frankly and to fully discuss any issues that effect this process. To release some of the information requested may act as an inhibitor to necessary discussions, which would not be in the public interest and would be likely to prejudice The National Archives’ ability to carry out its statutory obligations. As such, release of this information would be seen to prejudice the effective conduct of public affairs, in particular the Takedown process at The National Archives, preventing the effective decision making process to occur.
After careful consideration, it has been decided that the balance of the public interest lies in favour of withholding some of the information on this occasion and that the factors for non-disclosure outweigh any benefits of release.
Further guidance on the application of this exemption can be found at:
https://ico.org.uk/media/for-organisations/documents/1175/section_36_prejudice_to_effective_conduct_of_public_affairs.pdf
Section 40(2): Personal Information where the applicant is not the data subject
Section 40 exempts personal information about a ‘third party’ (someone other than the requester), if revealing it would breach the terms of Data Protection Legislation. Data Protection Legislation prevents personal information from release if it would be unfair or at odds with the reason why it was collected, or where the subject had officially served notice that releasing it would cause them damage or distress. Personal information must be processed lawfully, fairly and in a transparent manner as set out by Art. 5 of the United Kingdom General Data Protection Regulation (UK GDPR).
In this case the exemption applies because the requested material contains information which would identify junior members of staff.
Publishing the names and contact details of junior members of staff is considered an unfair use of personal data. Junior members of staff would have no expectation that information about their positions would be made available in the public domain; to do so would be unfair and contravene the first data protection principle of the Data Protection Act. As such, the names, positions and contact details of junior officials are withheld under section 40 (2) of the FOI Act.
Further guidance about the publication of junior staff names can be found here:
https://ico.org.uk/media/fororganisations/documents/1187/section_40_requests_for_personal_data_about_employees.pdf
Further guidance on the application of this exemption can be found here:
https://ico.org.uk/media/for-organisations/documents/2619056/s40-personal-information-section-40-regulation-13.pdf