Exemptions
There are 23 exemptions to the general right of access to information under the Freedom of Information Act, and they fall under one of two headings:
- Absolute exemptions - These are exemptions for which access requests will normally be refused. For local authorities the absolute exemptions most likely to apply are:
Information accessible by other means: e.g. environmental information which can be accessed via the Environmental Information Regulations.
Court Records: This includes information in documents served for the purposes of legal proceedings filed with the court, or held by a person conducting an inquiry or arbitration.
Personal Information about the person who makes the request, - as this will be dealt with as a 'data subject access request' under the provisions of the Data Protection Act 1998.
- Qualified Exemptions - If information is subject to one of the qualified exemptions, an access request can be refused only if it satisfies the Public Interest Test to do so - i.e. would the public interest be best served by withholding or disclosing the information.
Examples of Qualified Exemptions include:
Information intended for future publication e.g. plans that are only available in the internal draft phase.
Information associated with investigations and proceedings conducted by public authorities.
Law enforcement details. This applies to a wide range of investigations and their conduct.
Personal Information about a third party;- (although if the information cannot be disclosed without breaching the principles of the Data Protection Act 1998 the request must always be refused).
Commercial Interests information e. g specific methods used in the delivery of commercial services.
A full list of the 23 exemptions can be found on the website of the Department for Constitutional Affairs www.dca.gov.uk
