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
- e.g. information that we're required by law to communicate, or already "reasonably" accessible to the applicant, e.g. 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