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HSE's Significant Harm Test
Back to main page on HSE's previous information policy
HSE's information policy imposed a 'significant harm' test - so that if any requested information came within the open government exemptions, it would only not be disclosed if disclosure would cause 'significant harm':

Para 1.40 of its instruction to HSE inspectors (GAP 1) stated:

The degree of harm caused by a disclosure will need to be assessed in the context of the exemption(s) concerned - i.e., by referring to the guidance on interpretation of the specific exemption(s). The likelihood that some harm or prejudice would occur should not, in itself, be decisive. For instance, a disclosure which would prejudice our ability to prosecute in a particular case will not automatically amount to significant harm: operating Directorates/Divisions will need carefully to assess whether the harm likely to be caused (e.g., HSE unable to prosecute and thus, by example, deter others from committing similar offences) is outweighed by other factors (such as reducing the risk of similar health and safety failures by targeting specific information at duty-holders or raising awareness through a publicity campaign). Similarly, there may in certain circumstances be a public interest justification for disclosing information originally provided by third parties in confidence - for instance, to counter an immediate and significant threat to health and safety or to the environment. This is unlikely to be the case where disclosure would seriously affect the future supply of information that we need in order to carry out our functions effectively, or where it would render HSE liable in damages for breach of confidence. Legal and/or policy advice should be sought in cases of difficulty, via Directorate/Divisional OG contacts."


Page last updated on January 6, 2005