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Confidentiality
10. In considering the case for disclosure, the provisions under the UK Freedom of Information Act 2000 and the Freedom of Information (Scotland) Act 2002 will be taken into account by DfT and the Executive respectively.
11. DfT and the Executive wish to ensure that the information each supplies to the other is subject to appropriate safeguards, in accordance with the principles set out in the MoU, and treated in the manner each party intends. These arrangements rely for their effectiveness on mutual respect for the confidentiality and sensitivity of information exchanged. In considering disclosure of previously unpublished information to third parties, in line with Freedom of Information and other obligations, DfT and the Executive will be mindful of the impact on relations between administrations as well as the public interest in disclosure. Where appropriate they will consult the other party before disclosing this information.
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