Freedom of Information

Exempt Information

We may not be able to provide you with information if it is exempt under the Freedom of Information Act 2000.

There are 2 types of exemption - absolute and non-absolute.

Absolute exemptions

Are quite clear. We are not permitted to provide the information if it falls into these categories.

Non-absolute exemptions

Are subject to a public interest test. This means that we will have to judge whether the public interest involved in releasing the information outweighs the public interest in withholding it. Where permitted we will confirm that the information exists, even when we are not in a position to disclose it.

A simplified list of the exemptions is shown below. For a full description refer to the Act itself, or the summary list provided. (Freedom of Information Act 2000 - Summary of Exemptions).

Absolute exemptions

Information an applicant can access by other means (for example, information published in our Publication Scheme, or information which, by law, we are required to make available or communicate)
Information about, or supplied by, the security services
Court records
Documents protected by parliamentary privilege
Prejudice to the conduct of public affairs
Personal information where the request is made by the individual concerned (information will be disclosed through the Data Protection Act)
Information given in confidence
Any disclosure prohibited by law, or that would be in contempt of court

Non-absolute

(Public Interest test applies)

Personal information where the request is made by a third party (Data Protection principles will be applied)
Information intended for future publication, for example an annual report
The need to safeguard National Security
Defence, our armed forces and those of our allies
International relations
Relations between the UK Government, Wales, Scotland and Northern Ireland
The economy, where disclosure would harm the interests of any part of the UK economy
Information connected with investigations and proceedings relating to law enforcement and criminal offences
Law enforcement, for example prevention of crime, collection of taxes
Audit functions carried out by public authorities responsible for auditing other public authorities
The creation of government policy
Prejudice to the conduct of public affairs (all authorities except the Houses of Parliament)
Communications with Her Majesty and other members of the Royal Family
Health and Safety, where disclosure would endanger the safety of any individual
Environmental information not covered by the Environmental Information Regulations (see the section later)
Legal Professional Privilege, for example legal advice provided to a client by a lawyer
Commercially sensitive information