Exemptions from FOI requests

There are two types of exemption. Absolute and Qualified. If an absolute exemption applies there is no obligation for the Council to consider the request for information further. If a qualified exemption applies then it must be considered against the public interest test i.e. is it more in the public interest for the information to be withheld than to be released?

The absolute exemptions (and a very brief summary of when they apply) are:

• Information Accessible to Applicants by Other Means
  For example, if the information is already included in our Publication Scheme. In such a case, we would normally direct you to the Publication Scheme and expect you to find the information you are seeking.
• Personal Information
  The disclosure of personal information is covered by the Data Protection Act. An applicant’s own personal information is exempt and should be requested using the procedures for Data Protection. Information about other living individuals would only be disclosed if it not contravene the Data Protection Act. More information on Data Protection within the Council is available here.
• Court Records
  This covers certain litigation documents and court, tribunal and inquiry records. Separate procedures exist for gaining access to court and tribunal records.
• Information Provided in Confidence
  This applies to information obtained from another person where disclosure would constitute an actionable breach of confidence
• Prohibitions on Disclosure
  This applies where other legislation, or a court order, or a European Community obligation bars the disclosure of the information.
  Information Supplied by, or Related to, Bodies Dealing With Security Matters and Parliamentary Privilege
  It is unlikely that the Council will have much information that falls into these exemptions.

The Qualified exemptions are:

• Information Intended For Future Publication
  This exemption is intended to not force public authorities into premature publication of information. Normally we will not respond to requests if we intend to publish the information in the next three months.
• Investigations and Proceedings Conducted by Public Authorities
  This applies mainly to information relating to criminal or other investigations and proceedings.
• Commercial Interests
  This applies in cases where disclosing information would be likely to prejudice the commercial interests of a person e.g. trade secrets
• Health and Safety
  This applies in cases where disclosure would be likely to endanger the physical or mental health or the safety of any individual.
• Environmental Information
  There are separate Environmental Information Regulations about the disclosure of environmental information.
• Legal Professional Privilege
  This is designed to make sure that the confidential relationship between lawyer and client is protected. Although it is subject to the public interest test, current guidance suggests that it would only be in exceptional circumstances where the exemption would be outweighed by the public interest.
• Law Enforcement
  This applies to a wide range of law enforcement interests such as the prevention or detection of crime.
• Audit functions
  This applies in cases where a public authority has financial audit functions in relation to other public authorities. It is unlikely that the Council will have much information that falls into this exemption.
• Prejudice To the Effective Conduct Of Public Affairs
  This applies in cases where disclosure of information could inhibit the free and frank provision of advice, or the effective conduct of public affairs
• Formulation of Government Policy,The Economy, Relations within the UK, National Security, Defence, International Relations, Communications with Her Majesty
  It is unlikely that the Council will have much information that falls into these exemptions.