Request
Any policy or guidance relating to decisions to extend the closure period for records transferred to TNA beyond their original scheduled opening date (or, in the case of records reclosed under the Reclosure Policy, the revised opening date). This should include (but is not limited to) the following:
- Details of any process/policy or criteria that is applied to identify records to be considered for extended closure
- Details of any process/policy or criteria that is used to determine whether a record should be subject to an extended closure period
- Details of any internal or external scrutiny or oversight of any such process/policy or criteria
- Details of any process by which users are notified of, and can object to, a decision to extend the closure period
Outcome
Some information withheld
Response
1. Details of any process/policy or criteria that is applied to identify records to be considered for extended closure
ICO & published TNA guidance are used to determine if a record contains sensitive information, as defined by the FOI Act.
Section 21 of the Freedom of Information Act 2000 (FOIA) does not oblige a public authority to provide information if it is already reasonably accessible by other means. In this case the exemption applies because the information is already available on The National Archives website:
Access to Public Records (nationalarchives.gov.uk)
Freedom of Information exemptions (nationalarchives.gov.uk)
Procedures for closure on transfer (nationalarchives.gov.uk)
Takedown and reclosure policy – Legal (nationalarchives.gov.uk)
Further guidance on the application of this exemption can be found at: https://ico.org.uk/media/for-organisations/documents/1203/information-reasonably-accessible-to-the-applicant-by-other-means-sec21.pdf
2. Details of any process/policy or criteria that is used to determine whether a record should be subject to an extended closure period
As above, ICO & published TNA guidance are used to determine exemptions and closure periods.
Section 21 of the Freedom of Information Act 2000 (FOIA) does not oblige a public authority to provide information if it is already reasonably accessible by other means. In this case the exemption applies because the information is already available on The National Archives website:
Freedom of Information exemptions (nationalarchives.gov.uk)
Closure Periods Guidance v3 copy (nationalarchives.gov.uk)
Security Report Guidance for Departments v3 (2019) (nationalarchives.gov.uk)
Further guidance on the application of this exemption can be found at: https://ico.org.uk/media/for-organisations/documents/1203/information-reasonably-accessible-to-the-applicant-by-other-means-sec21.pdf
3. Details of any internal or external scrutiny or oversight of any such process/policy or criteria
Closure applications for one or more qualified exemptions are scrutinised by the Advisory Council on National Records and Archives.
If a closure application only cites one or more absolute exemptions, this is submitted to the Director for Public Records Access and Government Service for review. These are additionally reviewed by the Head of Information Rights. The Reclosure Panels agrees upon closure periods based on The National Archives’ guidance. Following a review of a record, if the Reclosure Panel agrees that some or all information is exempt under the FOI Act, a closure application is submitted to the Advisory Council on National Records and Archives.
See below links to TNA guidance which publicly available online on TNA’s website:
Freedom of Information exemptions (nationalarchives.gov.uk)
Closure Periods Guidance v3 copy (nationalarchives.gov.uk)
Takedown and reclosure policy – Legal (nationalarchives.gov.uk)
4. Details of any process by which users are notified of, and can object to, a decision to extend the closure period
TNA does not hold this information. Even When a closure period is extended, the statutory right of anyone to request a re-review under the Freedom of Information Act remains.
Exemptions applied
Section 21: Information readily available to the applicant by other means
Section 21 of the Freedom of Information Act 2000 (FOIA) does not oblige a public authority to provide information if it is already reasonably accessible by other means.
In this case the exemption applies because the information is already available on TNA’s web archive.
Further guidance on the application of this exemption can be found at: https://ico.org.uk/media/for-organisations/documents/1203/information-reasonably-accessible-to-the-applicant-by-other-means-sec21.pdf