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As outlined in our published guidance, an opinion given in confidence on the understanding that it will be kept confidential must satisfy a high threshold of confidentiality. Simply placing the word "confidential" at the top of the page, for example, will not automatically render the data confidential. In considering the purported application of this exemption to a right of access, we will examine the data and its context and will need to be satisfied that the data would not otherwise have been given
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