The Information Tribunal (National Security Appeals) Rules 2005

Determination of appeal

28.—(1) As soon as practicable after the Tribunal has determined an appeal, the president shall certify in writing that determination and sign and date the certificate.

(2) If and to the extent that it is possible to do so without disclosing information which is or would be exempt by virtue of a provision in Part II of the 2000 Act, and subject to rule 17 above, the certificate shall include–

(a) any material finding of fact, and

(b) the reasons for the decision.

(3) The proper officer shall send a copy of the certificate to–

(a) the parties,

(b) the relevant Minister, and

(c) the Commissioner.

(4) Subject to rule 17 above, the Tribunal shall make arrangements for the publication of its determination but in doing so shall have regard to–

(a) the desirability of safeguarding–

(i) the privacy of data subjects,

(ii) commercially sensitive material,

(iii) any information which is or would be exempt by virtue of any provision in Part II of the 2000 Act, and

(b) the need to secure that information is not disclosed contrary to the interests of national security.

and for those purposes may make any necessary amendments to the text of the certificate.

(5) For the purposes of this rule (but without prejudice to its generality), the disclosure of information is to be regarded as contrary to the interests of national security if it would indicate the existence or otherwise of any material, where that indication would itself be contrary to the interests of national security.