Requests for information

Under the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR) 2018, individuals have the right to access their personal information from organisations.  

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.