Freedom of Information (Scotland) Act 2002

32 International relations S

(1) Information is exempt information if—

(a) its disclosure under this Act would, or would be likely to, prejudice substantially—

(i) relations between the United Kingdom and any other State;

(ii) relations between the United Kingdom and any international organisation or international court;

(iii) the interests of the United Kingdom abroad; or

(iv) the promotion or protection by the United Kingdom of its interests abroad; or

(b) it is confidential information obtained from—

(i) a State other than the United Kingdom; or

(ii) an international organisation or international court.

(2) For the purposes of subsection (1), information obtained from a State, organisation or court is confidential at any time while—

(a) the terms on which that information was obtained require it to be held in confidence; or

(b) the circumstances in which it was obtained make it reasonable for the State, organisation or court to expect that it will be so held.

(3) In subsection (1)—

• “international court” means an international court which—

  (a)

  is not an international organisation; and

  (b)

  is established—

  (i)

  by a resolution of an international organisation of which the United Kingdom is a member; or

  (ii)

  by an international agreement to which the United Kingdom is a party;

• “international organisation” means—

  (a)

  an international organisation whose members include any two or more States; or

  (b)

  an organ of such an international organisation;

• “State” includes—

  (a)

  the government of any State; and

  (b)

  any organ of such a government,

  and references to a State other than the United Kingdom include references to any territory outwith the United Kingdom.