Exemptions
Whilst the Freedom of Information Act 2000 (“the
Act”) creates a right to request specific information held
by public authorities, it also creates a number of exemptions from
that right. These have the effect of permitting public authorities
to withhold some or all of the information requested, where that
information fits the terms of one or more of the exemptions.
Many of the exemptions will only apply where pressing public
interest arguments can be made for withholding the information. In
other words, information that falls into a particular exemption
category (for example, defence) will nevertheless have to be
disclosed unless it can be successfully argued that the public
interest in withholding it is greater than the public interest in
releasing it. These exemptions are known as ‘qualified’
exemptions.
A few exemptions (known as ‘absolute’ exemptions) do not
contain the above requirement. Where information falls within the
terms of an absolute exemption, the public authority may withhold
the information without considering any public interest
arguments.
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
Section 32: Court records, etc
Section 34: Parliamentary privilege
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 (absolute
where the applicant is the data subject of the information, as
these requests should be dealt under the Data Protection Act 1998,
but not in relation to information relating to a third
party).
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
Exemptions where the public interest test applies (‘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,
etc
Section 36: Prejudice to effective conduct of
public affairs (except information held by the House of Commons or
the House of Lords)
Section 37: Communications with Her Majesty,
etc and honours
Section 38: Health and Safety
Section 39: Environmental information as this
can be accessed through the Environmental Information
Regulations
Section 40: Personal information. People
cannot access personal data about themselves under the Freedom of
Information Act 2000 as there is already access to such information
under the Data Protection Act 1998. Personal data about other
people cannot be released if to do so would breach the Data
Protection Act
Section 42: Legal professional
privilege
Section 43: Commercial interests
To contact somebody about this page please use the following
contact details:
Marie Bentley
Corporate Information Manager
Harlow Council
Civic Centre
The Water Gardens
Harlow
Essex CM20 1WG
Tel: 01279 446736