Freedom of Information

Summary of Exemptions

Absolute Exemptions

This means that any requests for this type of information will be refused under the Freedom of Information Act 2000.

Information accessible to the applicant by other means - Section 21

For example, information which the authority is required by law to make public, or publishes in the context of its approved Publication Scheme.

Court Records - Section 32

Information that is only held as part of the documentation for a court or tribunal case, or a statutory inquiry.

Personal information about the person making the request - Section 40

Exempted under Freedom of Information, but the request will be dealt with in accordance with the Data Protection Act 1998.

Information provided in confidence - Section 41

Where disclosure would constitute a breach of confidence which would lead to legal action being taken against the public authority.

Legal Prohibitions on Disclosure - Section 44

Where disclosure of information is prohibited by any other law or regulation, or is incompatible with any European Community obligation, or if it would be a contempt of court.

Information supplied by, or relating to, bodies dealing with security matters - Section 23

This only applies to information supplied by or relating to one of the security bodies listed in the section. For example, the various security services and related tribunals.

Parliamentary Privilege - Section 34

Where disclosure would infringe the privileges of either House of Parliament.

Exemptions subject to a Public Interest Test

This means that a judgement has to be made by the council as to whether the public interest involved in releasing the information outweighs the public interest in withholding it.

Information intended for future publication - Section 22

Where publication was planned at the time the request was made. For example, an annual report, or the results of an investigation.

Note - applicants will be advised when the information will be published and how it can be obtained.

Investigations and proceedings conducted by public authorities - Section 30

Information held for the purpose of criminal investigations and proceedings, and information obtained from confidential sources relating to these or civil proceedings arising out of them.

Law enforcement - Section 31

Information not covered by Section 30 above, and which is likely to prejudice a wider range of investigative activities.

Prejudice to the effective conduct of public affairs - Section 36

Information that may inhibit the ability of the authority to conduct its business effectively should that information be made freely available in the public domain.

Health and Safety - Section 38

Information that would, or would be likely to, endanger the physical, or mental health or safety of an individual.

Personal information about a Third Party - Section 40

The request must be dealt with in accordance with the Data Protection Act 1998 but subject to the public interest test.

Communication with Her Majesty etc. and honours - Section 37

This applies to information that relates to communications with Her Majesty, members of the Royal family or Royal household, or the conferring of honours. For example, recommendations for individuals to receive an honour in the New Year's Honours List.

Environmental Information - Section 39

Exempted under Freedom of Information but the request will be dealt with in accordance with the Environmental Information Regulations. If the information is subject to an exemption under the Environmental Regulations, the public interest test will apply.

Legal Professional Privilege - Section 42

This exemption applies where a claim to legal professional privilege could be maintained in legal proceedings. For example advice provided by a lawyer to his client, or information relating to ongoing legal proceedings.

Commercial Interests - Section 43

This exemption applies to trade secrets, and to information which if disclosed could harm/prejudice the commercial interests of any person, including the authority holding it.

Audit - Section 33

Applies to information held by public authorities which have functions relating to audit (for example, the National Audit Office), or which examine the economy, efficiency and effectiveness of the use of resources of other public authorities. Information is exempt if its disclosure is likely to prejudice those functions.

National Security - Section 24

Information that is not covered by Section 23 under the Absolute Exemption category above, but exemption is needed to safeguard national security. This requires a certificate signed by a Minister of the Crown.

Defence - Section 26

Information likely to prejudice national defence or the activities or our armed forces, or those of our allies.

International Relations - Section 27

Information likely to prejudice the UK's international relations or interests. For example, information obtained in confidence from another State or international court.

Relations within the United Kingdom - Section 28

Information likely to prejudice relations between the UK Government, Wales, Scotland or Northern Ireland.

The economy - Section 29

Information likely to prejudice the economic interests of the UK or part of the UK, or the financial interests of the government.

Formulation of Government Policy - Section 35

Information held by a government department or the National Assembly for Wales, relating to the creation of government policy.