Section 12: Exemption of Law Enforcement and Investigation
(1) A public institution may deny an application for any information which contains-
(a) Record compiled by any public institution for administrative enforcement proceedings and by any law enforcement or correctional agency for law enforcement purposes or for internal matters of a public institution, but only to the extent that disclosure would -
(i) interfere with pending or actual and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency.
(ii) interfere with pending administrative enforcement proceedings conducted by any public institution;
(iii) deprive a person of a fair trial or an impartial hearing;
(iv) unavoidably disclose the identity of a confidential source
(v) constitute an invasion of personal privacy under Section 15 of this Act. However, where the interest of the public would be better served by having such record being made available, this exemption to disclosure shall not apply; and
(vi) obstruct an ongoing criminal investigation; and
(b) information the disclosure of which could reasonably be expected to be injurious to the security of penal institutions.
(2) Notwithstanding anything contained in this section, an application for information shall not be denied where the public interest in disclosing the information outweighs whatever injury that disclosure would cause.
(3) A public institution may deny an application for information that could reasonably be expected to facilitate the commission of an offence
(4) For the purposes of section (1) (a), "enforcement proceeding" means an investigation that-
(a) pertains to the administration or enforcement of any Act, law or regulation;
(b) is authorized by or pursuant to any Act, law or regulation.
Cite this section
Section 12, FREEDOM OF INFORMATION ACT (2011).
https://repo.podus.ai/laws/freedom-of-information-act/section/12/