Information on annex 1 firms - March 2026

General right of access to information held by public authorities

Anyone making a request for information to a public authority is entitled to be told in writing by the public authority whether it holds the information the request describes. If the public authority does hold this information, the person requesting it has the right to have the information communicated to them.  These rights, in section 1(1)(a) and (b) of FOIA, have some exclusions and exemptions.

• Section 44 (Prohibitions on Disclosure)

Section 44(1)(a) of FOIA states that information is absolutely exempt from disclosure if this is prohibited by law. 

Regulation 52A of the MLRs prevents us from disclosing confidential information we have received except in certain limited circumstances (none of which would apply here). In particular subsection (1) provides that: 

‘No person working for a relevant supervisory authority, or acting on behalf of a relevant supervisory authority (or who has worked or acted for a relevant supervisory authority) may, except in accordance with this regulation, disclose any confidential information received in the course of their duties under these Regulations.’  

The information you requested in the second part of your request is confidential information which was received by the FCA in the discharge of its functions under the MLRs. Disclosing such confidential information, except in the circumstances permitted by the MLRs, would breach regulation 52A of the MLRs and would constitute an offence under regulation 52B of the same Regulations. 

Section 44 is also an ‘absolute’ exemption, and so it is not necessary to balance the public interest for and against disclosing the information.