Freedom of Information Exemptions
The Freedom of Information Act does allow us to refuse to give
you information where it must not or should not me made
public.
For example, we may be prevented by other legal provisions from
providing it or it may include personal information that should be
kept private. The Act also allows us to refuse information where
the cost of supplying it is excessive. Where we are unable to
supply information to you we will always give you a full
explanation of the reasons.
Please see below a list of the Exemptions under the Freedom of
Information Act 2000:
Exemptions Where the Public Interest Test Applies (Qualified
Exemptions)
Section 22 Information intended for future
publication
Section 24 National security (other than
information supplied by or relating to named security
organisations, where the duty to consider disclosure in the public
interest does not arise.)
Section 26 Defence
Section 27 International relations
Section 28 Relations within the United
Kingdom
Section 29 The economy
Section 30 Investigations and proceedings
conducted by public authorities
Section 31 Law enforcement
Section 33 Audit Functions
Section 35 Formulation of government policy,
etc
Section 36 Prejudice to effective conduct of
public affairs (except information held by the House of Commons or
the House of Lords)
Section 37 Communications with Her Majesty,
etc and honours
Section 38 Health and safety
Section 39 Environmental information as this
can be accessed through the Environmental Information
Regulations
Section 40 Personal information People cannot
access personal data about themselves under the Freedom of
Information Act as there is already access to such information
under the Data Protection Act 1998. Personal data about other
people cannot be released if to do so would breach the Data
Protection Act.
Section 42 Legal professional privilege
Section 43 Commercial interests
Where a public authority considers that the
public interest in withholding the information requested outweighs
the public interest in releasing it, the authority must inform the
applicant of its reasons, unless to do so would mean releasing the
exempt information.
Exemptions where the Public Interest Test does not
Apply: (Absolute Exemptions)
Section 21 Information accessible to applicant by other
means
Section 23 Information supplied by, or
relating to, bodies dealing with security matters (a certificate
signed by a Minister of the Crown is conclusive proof that the
exemption is justified. There is a separate appeals mechanism
against such certificates)
Section 32 Court records, etc
Section 34 Parliamentary privilege (a
certificate signed by the Speaker of the House, in respect of the
House of Commons, or by the Clerk of the Parliaments, in respect of
the House of Lords is conclusive proof that the exemption is
justified.)
Section 36 Prejudice to effective conduct of
public affairs (only applies to information held by House of
Commons or House of Lords)
Section 40 Personal information (where the
applicant is the subject of the information. The applicant
already has the right of ‘subject access’ under the Data Protection
Act 1998; where the information concerns a third party and
disclosure would breach one of the Data Protection Principles )
Section 41 Information provided in
confidence.
Section 44 Prohibitions on disclosure where a
disclosure is prohibited by an enactment or would constitute
contempt of court.
The exemptions have been the subject of
considerable debate throughout the parliamentary progress of the
Act. This introduction does not attempt to provide an
analysis of each exemption, or provide advice as to how exemptions
might apply in particular circumstances. Such guidance will
be developed by The Department for Constitutional Affairs Office
over time and in the light of case by case experience.