Freedom of Information Exemptions

There are two types of exemption Absolute and Qualified. Those exemptions defined as Absolute do not require a Public Interest Test.

Absolute Exemptions

Where an absolute exemption applies, there is no right to the information under the Freedom of Information Act 2000.

Section 21 - Information Accessible by Other Means

Section 23 - Information Supplied by, or Related to, Bodies Dealing with Security Matters.

Section 32 - Court Records

Section 34 - Parliamentary Privilege

Section 36 - Prejudice to Effective Conduct of Public Affairs

Section 40 - Personal Information

Section 41 - Information Provided in Confidence

Section 44 - Prohibitions on Disclosure

Qualified Exemptions

Section 22 - Information intended for future publication

Section 24 - National Security

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

Section 36 - Prejudice to the effective conduct of public affairs

Section 37 - Communications with Her Majesty

Section 38 - Health and Safety

Section 39 - Environmental Information

Section 42 - Legal Professional Privilege

Section 43 - Commercial Interests

Those exemptions defined as Qualified require a Public Interest Test. The main criteria to be considered is - does the public interest in withholding the information outweigh the public interest in disclosing it?

Further details of the Freedom of Information exemptions can be found on the Information Commissioners Office website http://www.ico.gov.uk/

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