Exemptions

Under the Freedom of Information Act there are certain circumstances in which information may be withheld.

Although you are entitled to request any information we hold, The Freedom of Information Act recognises that there are valid reasons for withholding some information in response to a request. These exemptions may mean we are not able to disclose all the information you need. The exemptions are not an excuse to refuse access they are merely intended to protect information that should not be released. The Act lays out 23 situations in which information is considered exempt. Unless information is covered by an exemption it must be released if requested.

If a decision is taken to withhold information, it must be linked to a specific exemption and all arguments behind the decision will be clearly documented and made available to the member of the public making the request.

There are two types of exemptions under the Act, Absolute and Qualified.

Absolute

These exemptions are unconditional, examples include:

• Information accessible by other means (eg in the Publication Scheme)
• Court records
• Parliamentary Privilege
• Personal information – available under the Data Protection Act
• Information provided in confidence

Qualified Exemptions

This category of exemptions is subject to a public interest test. This test requires that we consider whether or not it is in the public interest to release information even though an exemption may apply. Examples include:

• Information intended for future publication
• Investigations and proceedings conducted by public authorities
• Law enforcement
• Health and safety
• Legal professional privilege
• Commercial interests

There are 23 exemptions under the Act, the examples given above are those that are most appropriate to local government.