FOI Exemptions

Freedom of Information Exemptions are possible following a request for information. We may not be able to provide you with the information you are seeking.

There are two types of exemption. Absolute and Qualified. If an absolute exemption applies there is no obligation for us to consider the request for information further.

If a qualified exemption applies then it must be considered against the public interest test. Is it more in the public interest for the information to be withheld than to be released?

A brief summary of absolute exemptions are:

Information Accessible to Applicants by Other Means

If the information is already included in our Publication Scheme, we would normally direct you to this and expect you to find the information you are seeking from here.

Personal Information

The disclosure of personal information is covered by the Data Protection Act. An applicant’s own personal information is exempt and should be requested using the procedures for Data Protection.

Information about other living individuals would only be disclosed if it does not contravene the Data Protection Act.

Court Records

This covers certain litigation documents and court, tribunal and inquiry records. Separate procedures exist for gaining access to court and tribunal records.

Information Provided in Confidence

This applies to information obtained from another person where disclosure would constitute an actionable breach of confidence

Prohibitions on Disclosure

This applies where other legislation, a court order or a European Community obligation bars the disclosure of the information. Information supplied by, or related to, bodies dealing with security matters and parliamentary privilege. It is unlikely we will have much information that falls into these exemptions.

The Qualified Exemptions are:

Information Intended For Future Publication

This exemption is intended to not force public authorities into premature publication of information. Normally we will not respond to requests if we intend to publish the information in the next three months.

Investigations and Proceedings Conducted by Public Authorities

This applies mainly to information relating to criminal or other investigations and proceedings.

Commercial Interests

This applies in cases where disclosing information would be likely to prejudice the commercial interests of a person, for example trade secrets.

Health and Safety

This applies in cases where disclosure would be likely to endanger the physical or mental health or the safety of any individual.

Environmental Information

There are separate Environmental Information Regulations about the disclosure of environmental information.

Legal Professional Privilege

This is designed to make sure the confidential relationship between lawyer and client is protected. Although it is subject to the public interest test, current guidance suggests it would only be in exceptional circumstances where the exemption would be outweighed by the public interest.

Law Enforcement

This applies to a wide range of law enforcement interests such as the prevention or detection of crime.

Audit functions

This applies in cases where a public authority has financial audit functions in relation to other public authorities. It is unlikely we will have much information that falls into this exemption.

Prejudice To the Effective Conduct Of Public Affairs

This applies in cases where disclosure of information could inhibit the free and frank provision of advice, or the effective conduct of public affairs

Formulation of Government Policy, The Economy, Relations within the UK, National Security, Defence, International Relations, Communications with Her Majesty

It is unlikely that the Council will have much information that falls into these exemptions.

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