Regulation 12(4)(e) – internal communications

This guidance covers regulation 12(4)(e), the exception for internal communications, in detail, and is written for use by public authorities. Read it if you have questions not answered in the Guide, or if you need a deeper understanding to help you apply the exception in practice.

In detail

• What do the EIR say?
• About this exception
  
  • General principles and rationale
  • Can we neither confirm nor deny whether internal communications are held?

• What are internal communications?
  • What is a communication?
  • What does internal mean?
    • Are communications between central government departments internal?
    • What about executive agencies, non-departmental public bodies and wholly-owned companies?
    • Are communications between public authorities internal?
    • Are communications with a third party internal?
    • What about communications sent both internally and externally?
    • Are communications which record third party information internal?
    • What about forwarded communications and attachments?
    • How does the exception work with emails and email chains?

• The public interest test
  • Which public interest arguments are relevant to the exception?
    • Safe space arguments
    • Chilling effect arguments
    • Record-keeping arguments
    • Collective responsibility
    • Government unity and effectiveness
    • Identification of officials
    • Legal advice
    • Commercial interests
    • Public interest in disclosure
• Further reading