|
Where exemptions apply, information may not be released by the council. This may be for various reasons, for example where other legislation has precedence over the Act or because the public interest test applies.
The exemptions from the duty to disclose are contained in Part II of the Freedom of Information Act 2000. The exemptions fall in to two categories, either absolute or qualified.
Where an exemption is absolute, the council can refuse to disclose the information without any consideration of the public interest.
Some exemptions apply both to the duty to confirm or deny whether the council holds the information and to the duty to disclose it. The council must apply exemptions separately to the two duties under the Act.
Where an exemption is qualified, the council may only withhold the information where, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
This balancing act is for the council to carry out in the first instance.
Absolute exemptions
|
1.
|
Information otherwise reasonably accessible.
|
s21
|
|
2.
|
Information supplied by or relating to bodies dealing with security matters.
|
s23
|
|
3.
|
Court records.
|
s32
|
|
4.
|
Information protected by Parliamentary privilege.
|
s34
|
|
5.
|
Information prejudicial to effective conduct of public affairs (only information held by House of Commons or House of Lords).
|
s36
|
|
6.
|
Personal Information (where the applicant is the subject of the information or where the information concerns a third party and disclosure would breach one of the data protection principles).
|
s40
|
|
7.
|
Actionable breaches of confidence.
|
s41
|
|
8.
|
Where disclosure would breach another enactment or would constitute a contempt of court.
|
s44
|
Qualified exemptions
|
1.
|
Information held with a view to publication at a future date.
|
s22
|
|
2.
|
National security.
|
s24
|
|
3.
|
Defence.
|
s26
|
|
4.
|
International relations.
|
s27
|
|
5.
|
UK administration's relations.
|
s28
|
|
6.
|
UK economic interests.
|
s29
|
|
7.
|
Investigation of offences and criminal matters.
|
s30
|
|
8.
|
Law enforcement.
|
s31
|
|
9.
|
Audit functions.
|
s33
|
|
10.
|
Formulation of government policy, ministerial communications.
|
s35
|
|
11.
|
Information prejudicial to the effective conduct of public affairs (except information held by House of Commons or House of Lords).
|
s36
|
|
12.
|
Communications with the Queen, the Royal Family or concerning honours.
|
s37
|
|
13.
|
Health and safety.
|
s38
|
|
14.
|
Environmental information.
|
s39
|
|
15.
|
Personal information about a third party, the release of which would not be a breach of the Data Protection Act 1998.
|
s40
|
|
16.
|
Legal professional privilege.
|
s42
|
|
17.
|
Commercial Interests.
|
s43
|
Appendices
- Appendix one deals with absolute exemptions in more detail.
- Appendix two deals with qualified exemptions in more detail.
- Appendix three deals with time limitations on the exemption of historic material.
- Appendix four deals with the public interest test in more detail.
- Appendix five deals with the interface between the Freedom of Information Act 2000 and the Data Protection Act 1998.
|
|
|
Text version | Accessibility help | Change contrast | Printer friendly
