The general right of a person to request information from a public authority under the Freedom of Information Act is subject to 23 exemptions. If the exemption is ‘qualified’ it is necessary to balance the public interest in disclosure against the public interest of maintaining secrecy - ‘the public interest test’. If the exemption is ‘absolute’ there is no need to carry out such a balancing exercise and there is no need to confirm or deny whether the local authority holds that information.
Absolute Exemption
- e.g. information that we're required by law to communicate, or already "reasonably" accessible to the applicant, e.g. in our publication scheme
Qualified Exemption
- only applies if publication was already planned before the request is received
Qualified Exemption
- information relating to criminal investigations or proceedings, including obtaining information from confidential sources
Qualified Exemption
- information not covered by the ‘Investigations and proceedings conducted by public authorities’ exemption, and which is likely to prejudice a wider range of investigations and conduct, including regulatory activity, health & safety, civil proceedings
Absolute Exemption
- information only held as part of the documentation for a court or tribunal case, or a statutory enquiry
Qualified Exemption
- if it is considered necessary to invoke this exemption the decision must be authorised by the council's Monitoring Officer
Qualified Exemption
- the interpretation of communications is very narrow
Qualified Exemption
- information whose disclosure would be likely to endanger the physical or mental health or safety of any individual
Qualified Exemption
- information accessible through the Environmental Information Regulations
Absolute Exemption
- information accessible through the Data Protection Act
Qualified Exemption
- information may be accessible through FOI, but in accordance with Data Protection principles
Absolute Exemption
- only where disclosure would constitute actionable breach of confidence
Qualified Exemption
- information that would be subject to legal professional privilege if litigation was in progress
Qualified Exemption
- information whose disclosure would be likely to prejudice the commercial interests of another person; trade secrets
Absolute Exemption
- information whose disclosure is prohibited by any other enactment, incompatible with any EC obligation, or would be contempt of court
Absolute Exemption
- only applies to information supplied by or relating to one of the security bodies listed in the Act
Qualified Exemption
- information not covered by the above, but exemption is required for safeguarding national security.
Qualified Exemption
- information whose disclosure would be likely to prejudice national defence or the armed forces
Qualified Exemption
- information whose disclosure would be likely to prejudice the UK's international relations or interests
Qualified Exemption
- only applies to information between UK government, Northern Ireland Assembly, Scottish Administration, National Assembly for Wales
Qualified Exemption
- information whose disclosure would be likely to prejudice the economic or financial interests of the United Kingdom
Qualified Exemption
- applies only to public authorities which have financial audit functions in relation to other public authorities - does not include internal audit
Absolute Exemption
- unlikely to apply to local authorities
Qualified Exemption
- only used by government departments
Back to top of page...
This page last updated: 17/11/2004