This website uses cookies to give you a better experience. For more information on why we use cookies, please read our cookie policy
Accept cookies
Skip to main content
Hastings Online logo
A-Z
Home | Help | Privacy | Log in to My Hastings | Jobs Email alerts Hastings council Instagram Hastings council twitter feed Hastings council facebook page
  • My council
  • Freedom of Information
  • Freedom of Information Act exemptions
  • Freedom of Information Act exemptions

    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.

    Exemptions likely to apply to information held by the council

    Information accessible to the applicant by other means

    Absolute Exemption
    - for example, information that we're required by law to communicate, or already "reasonably" accessible to the applicant, for example, in our publication scheme

    Information intended for future publication

    Qualified Exemption
    - only applies if publication was already planned before the request is received

    Investigations and proceedings conducted by public authorities

    Qualified Exemption
    - information relating to criminal investigations or proceedings, including obtaining information from confidential sources

    Law Enforcement

    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

    Court records

    Absolute Exemption
    - information only held as part of the documentation for a court or tribunal case, or a statutory enquiry

    Prejudice to effective conduct of public affairs

    Qualified Exemption
    - if it is considered necessary to invoke this exemption the decision must be authorised by the council's Monitoring Officer

    Communications with The Queen, conferring of Honours

    Qualified Exemption
    - the interpretation of communications is very narrow

    Health and Safety

    Qualified Exemption
    - information whose disclosure would be likely to endanger the physical or mental health or safety of any individual

    Environmental information

    Qualified Exemption
    - information accessible through the Environmental Information Regulations

    Personal information - about the applicant

    Absolute Exemption
    - information accessible through the Data Protection Act

    Personal information - about someone other than the applicant

    Qualified Exemption
    - information may be accessible through FOI, but in accordance with Data Protection principles

    Information provided in confidence

    Absolute Exemption
    - only where disclosure would constitute actionable breach of confidence

    Legal professional privilege

    Qualified Exemption
    - information that would be subject to legal professional privilege if litigation was in progress

    Commercial interests

    Qualified Exemption
    - information whose disclosure would be likely to prejudice the commercial interests of another person; trade secrets

    Prohibitions on disclosure

    Absolute Exemption
    - information whose disclosure is prohibited by any other enactment, incompatible with any EC obligation, or would be contempt of court

    Other exemptions

    Information supplied by, or related to, bodies dealing with security matters

    Absolute Exemption
    - only applies to information supplied by or relating to one of the security bodies listed in the Act

    National Security

    Qualified Exemption
    - information not covered by the above, but exemption is required for safeguarding national security.

    Defence

    Qualified Exemption
    - information whose disclosure would be likely to prejudice national defence or the armed forces

    International relations

    Qualified Exemption
    - information whose disclosure would be likely to prejudice the UK's international relations or interests

    Relations within the United Kingdom

    Qualified Exemption
    - only applies to information between UK government, Northern Ireland Assembly, Scottish Administration, National Assembly for Wales

    The Economy

    Qualified Exemption
    - information whose disclosure would be likely to prejudice the economic or financial interests of the United Kingdom

    Audit functions

    Qualified Exemption
    - applies only to public authorities which have financial audit functions in relation to other public authorities - does not include internal audit

    Parliamentary privilege

    Absolute Exemption
    - unlikely to apply to local authorities

    Formulation of government policy

    Qualified Exemption
    - only used by government departments

  • Freedom of Information

    Contact

    Got a question about freedom of information? 

    Contact us


    Content

    The content on this page is the responsibility of our Council's Information Officer.

    Can't find what you're looking for? Try our A - Z

    Spotted an issue with this page? Tell us

A-Z of services

  • Services beginning with A
  • Services beginning with B
  • Services beginning with C
  • Services beginning with D
  • Services beginning with E
  • Services beginning with F
  • Services beginning with G
  • Services beginning with H
  • Services beginning with J
  • Services beginning with L
  • Services beginning with M
  • Services beginning with N
  • Services beginning with P
  • Services beginning with R
  • Services beginning with S
  • Services beginning with T
  • Services beginning with U
  • Services beginning with V
  • Services beginning with W
  • Hastings Museum and Art Gallery website
  • Visit 1066 Country website
  • Email alerts Hastings council Instagram Hastings council twitter feed Hastings council facebook page
  • Accessibility statement
  • Contact us
© 2003 - 2023 Hastings Borough Council.
Unless otherwise stated these pages are copyright protected.
All rights reserved.