APPROPRIATE PERMISSION FOR THE GIVING OF NOTICES paras 9.1 to 9.3
APPROPRIATE PERMISSION FOR THE GIVING OF NOTICES
9.1 Any person using the powers in Part III, and specifically any person giving a section 49 notice, must have appropriate permission to do so. Circumstances in which appropriate permission may be granted or persons have the appropriate permission are described in Schedule 2 to the Act.
9.2 In general the permission to give a notice must be given by a person with at least the same level of authority as that required for the exercise of any power to obtain the protected information. With certain exceptions, the appropriate permission to give a notice should, so far as is practical, be given by the same person authorising, or who authorised, the use of any power to obtain the protected information.
9.3 Appropriate permission can never be given for a notice in respect of protected information that has been obtained unlawfully by a public authority.