You are here: >  News & Information / Freedom of Information / Access to Information / Quick Guide / Exemptions - Quick Guide

What are the Freedom of Information Exemptions?

Information that is already ‘reasonably accessible by other means’ (s21)*, which will be published (s22), or that we cannot publish (s44)*

The FOIA does not override existing legislation that says we cannot disclose information - the position remains the same. Also, we don’t have to provide information if it is already ‘reasonably accessible’ via other means, e.g. in our Publication Scheme, in a public register etc.Information to be published in the near future will not normally need to be disclosed.

Security organisations (s23)*, national security (s24) & national defence (s26)

We don’t have to provide information given to us by national government security organisations.Information about national security, the defence of the UK or the armed forces will not normally need to be disclosed (although we probably don’t have very much information about these things in the first place)

International relations (s27), national relations (s28) & the economy (s29)

Information that may affect the UK’s relations with other countries, relations between England, Scotland, Wales and Northern Ireland, or information that may affect the economic and financial interests of the country will not normally need to be disclosed (we probably don’t have much of this either)

Investigations & proceedings conducted by public authorities (s30) & law Inforcement (s31)

Information that relates to Council criminal or civil investigations or proceedings or is obtained from informants will not normally need to be disclosed.In general, information that relates to the Council’s duties to prevent and investigate crimes and to report them to the police and others will not normally need to be disclosed.

Court records (s32)*, audit functions (s33) & legal professional privilege (s42)

We don’t have to disclose records that have been created or served for the purposes of proceedings e.g. witness statements, affidavits and pleadings.Information that is legal advice given by a solicitor to the Council, a member or officer will not normally need to be disclosed.External auditors will not normally need to disclose information that might prejudice their work.

Parliamentary privilege (s34)*, formulation of government policy (s35) & conduct of public affairs (s36)

Information used to formulate central government policy, and information covered by parliamentary privilege is exempt. There is another exemption protecting in general the Council’s ability to carry out its work, but only the Council’s Monitoring Officer or the Chief Executive can authorise the use of this exemption.

Royal Family (s37)

Any correspondence with Her Majesty, the Royal Family or the Royal Household, or information about the conferring of honours will not normally need to be disclosed.

Health & Safety (s38)

Health & safety information that puts a person, or people’s safety at risk will not normally need to be disclosed. This does not mean that Health and Safety Policies are exempt. The idea is to protect people from the risk of harm, not to prevent disclosure of general information about say how to lift a box safely without putting your back out.

Environmental Information (s39)

Information about the environment (including soil, air, or water quality, and any development of land or building work) is accessible under the revised Environmental Information Regulations and is, therefore, exempt under the Act. However, information that is not covered by these Regulations may be disclosed under the FOIA.

Personal information (s40)*

This is an absolute exemption under the FOIA because personal information is accessible under the Data Protection Act (DPA) – the FOIA does not change this.Remember that the DPA only lets people see the personal information we have recorded about THEM – not other people.

Information given in confidence (s41)*

Sometimes, the Council receives information from external sources that has been provided in confidence. Where we have agreed to confidentiality and have made promises not to share or release information then we do not have to disclose it under the FOIA. You should not agree to accept information in confidence unless you are sure that you can keep your promises, and it is difficult to subsequently label information as ‘confidential’ unless both parties agreed this at the time.

Commercial Interest

Information that might damage the commercial interests of a company, or the Council will not normally need to be disclosed. Trade secrets will also not normally need to be disclosed.

Exemptions marked with an * are ABSOLUTE – information that falls within an absolute exemption does not have to be disclosed.All of the remaining exemptions are CONDITIONAL & are subject to the ‘public interest test’.