Freedom of Information - Exemptions
Can the council refuse to supply some information?
Yes. Under the Freedom of Information Act there are a number of categories of information that are exempt from the general right of access. Broadly speaking, these fall into two categories: absolute and qualified. This means we may withhold some or all of the information requested if it falls within an exemption.
Absolute exemptions
We do not have to disclose information that falls within the description of an absolute exemption and will let you know if this applies as soon as possible. Absolute exemptions include:
- information that is already available in our publication scheme or is reasonably accessible by other means. This includes information available for a charge
- information relating to security matters
- court records, ie information relating to proceedings in any court, tribunal, arbitration or statutory inquiry that is subject to rules of court
- parliamentary privilege – information which, if disclosed, would infringe parliamentary protocol
- personal information – information relating to other people is exempt where disclosure would breach the Data Protection Act. You may request information relating to yourself but your request will be dealt with under the Data Protection Act
- information provided in confidence
- prohibitions on disclosure – where disclosure is prohibited by legislation, is incompatible with any community obligation, or would give rise to contempt of court.
Qualified exemptions
Some exemptions will only apply if it can be successfully argued that the public interest in withholding the information is greater than the public interest in releasing it. If this isn’t the case, the information will have to be disclosed. These are known as ‘qualified’ exemptions.
- information intended for future publication – if this applies, we will let you know approximately when the information will be available
- national security
- defence
- international relations – where disclosure would be likely to prejudice relations between the UK and any other state
- relations within the UK
- the economy
- investigations and proceedings conducted by public authorities – information held for the purposes of ascertaining whether an offnece has been committed or investigating or prosecuting criminal offences
- law enforcement- where disclosure would prejudice investigations into whether there has been improper conduct, breaches of the law or whether regulatory action should be taken
- audit functions
- formulation of government policy
- prejudice to the effective conduct of public affairs
- communications with Her Majesty the Queen and members of the Royal Family, or the granting of honours
- health and safety – where disclosure is likely to endanger the physical or mental health or safety of an individual
- environmental information- you may request environmental information, but your request will be dealt with under the Environmental Information Regulations 2004 which differ from the Freedom of Information Act.
- legal professional privilege – this applies where a claim to legal professional privilege could be maintained in legal proceedings and covers most confidential communications between lawyers and their clients for the purpose of giving or receiving legal advice, and communications whose dominant purpose was the prosecution or defence of legal proceedings
- commercial interests, ie trade secrets and information which, if disclosed, could prejudice the commercial interests of anybody, including the Council.
