The Freedom of Information Act allows 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.
Exemptions where the public interest test applies (qualified exemptions)
Section 26 Defence
Section 27(1) 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 36 Public affairs
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.
More information on exemptions
Please visit the List of exemptions page on the ICO website for more information on these exemptions.