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FOIA: Law Enforcement Exemption - 31(2)(a) - compliance with law

The Government Guidance states the following:

"The law in question may be civil or criminal.

This purpose is therefore capable of being engaged by criminal investigations of any sort (including, for example, employee theft), investigations into compliance with regulatory requirements which have legal force, and investigations into compliance with the requirements of, for example, employment law or company law. It is not necessary for particular legal or other action to be in contemplation as an outcome of the 'ascertaining'.

This subsection cannot apply in circumstances which fall within section 30. But there is otherwise scope for substantial overlap between this provision and those provisions of section 31(1) dealing with law enforcement and the administration of justice.

There is a general public interest in ensuring that the law is complied with. The likelihood of ascertaining whether the law has been complied with, the action which might be taken as a result, the nature of the law and of the possible lack of compliance, are all matters which would have to be taken into account."

Page last updated on January 12, 2005