Exemptions
The Freedom of Information Act 2000 sets out 23 exemptions where the general right of access to information is either not to be allowed or will be qualified.
The following notes constitute general guidance and should not be taken as legal advice.
Apart from vexatious or repeated requests, to which the Â鶹´«Ã½ need not respond, there are two general categories of exemption: (a) absolute exemptions and (b) qualified exemptions.
(a) Absolute exemptions
Absolute exemptions are the exemptions for which it there is no duty to consider disclosure in the public interest. They are set out in Part II of the Freedom of Information Act 2000.
Section 21 Information accessible to the applicant by other means.
Section 23 Information supplied by, or relating to, bodies dealing with security matters.
Section 32 Court records, etc.
Section 34 Parliamentary privilege.
Section 36 Prejudice to effective conduct of public affairs (information held by the Houses of Lords and Commons only).
Section 40 Personal Information. There is an absolute exemption from the provisions of the Freedom of Information Act 2000 if the applicant making the request for information is the subject of the information requested as they have right of access to that information under the Subject Access right of the Data Protection Act 1998. There is also an exemption from the provision of the FOIA if the information requested concerns a third party and disclosure would breach one of the Data Protection Principles.
Section 41 Information provided in confidence.
Section 44 Prohibitions on disclosure where a disclosure is prohibited by an enactment or would constitute contempt of court.
(b) Qualified exemptions
Even though an exemption exists, the Â鶹´«Ã½ will have a duty to consider whether disclosure is required in the public interest. The 'public interest test' will require the Â鶹´«Ã½ to determine whether the public interest in withholding the exempt information outweighs the public interest in releasing it, by considering the circumstances of each particular case and the exemption that covers the information. The balance will lie in favour of disclosure, because information may only be withheld if the public interest in withholding it is greater than the public interest in releasing it, for example where disclosure of institutional information would harm a police investigation.
Section 22 Information intended for future publication.
Section 24 National security (other than information supplied by or relating to named security organisations, where the duty to consider disclosure in the public interest does not arise).
Section 26 Defence.
Section 27 International relations.
Section 28 Relations within the United Kingdom.
Section 29 The economy.
Section 30 Investigations and proceedings conducted by public authorities.
Section 31 Law enforcement.
Section 33 Audit functions.
Section 35 Formulation of government policy etc.
Section 36 Prejudice to effective conduct of public affairs (except information held by the Houses of Lords and Commons).
Section 37 Communications with Her Majesty, etc. and honours.
Section 38 Health and safety.
Section 39 Environmental information.
Section 40 Personal information. If the Â鶹´«Ã½ believes that disclosure would not breach any of the Data Protection principles, but the individual who is the subject of the information has properly served notice under s.10 of the Data Protection Act that disclosure would cause unwarranted substantial damage or distress, or the individual who is the subject of the information would not have a right to know about it or a right of access to it under the DPA 1998, there will be no absolute exemption, and the institution will be obliged to consider the public interest in deciding whether to release the information.
Section 42 Legal professional privilege.
Section 43 Commercial interests.