Saturday, December 23, 2006

Harm Test in the Freedom of Information Act

Harm test employs a prominent position in the exemptions of Freedom of Information legislation. Generally, class-based and harm-based exemptions can be found in most of the Freedom of Information Acts. Two types of harm test, including positive and negative ones, can be found in the existing Freedom of Information legislation. There are three standards of proof, including “would be likely to”, “could reasonably be expected to”, and “could prejudice”. The degree of injury can be divided into three limbs, ranging from “adversely affect”, “serious adversely effect”, to “significant or substantial adverse effect”.

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