Exemptions
The Freedom of Information Act (FOIA) 2000 gives you the right to access information held by public authorities. However, there are 23 exemptions within the Act that may prevent some information from being disclosed. These exemptions are designed to protect sensitive information while ensuring transparency and accountability.
Types of Exemptions
The 23 exemptions fall into two main categories:
- Absolute Exemptions (8 in total) - These apply automatically, and there is no requirement to consider the public interest.
- Qualified Exemptions (15) - These require a public interest test, meaning we must weigh the benefits of disclosure against the potential harm.
| Absolute | Qualified |
| Information accessible by other means | Investigations and proceedings conducted by public authorities |
| Information supplied by, or relating to, bodies dealing with security matters | Information likely to prejudice law enforcement |
| Court records including records of tribunals and inquiries | Information likely to endanger the health and safety of any individual |
| Personal data or information | Information in respect of which a claim to legal professional privilege could be maintained |
| Information provided in confidence | Commercial interests and trade secrets |
Applying Exemptions
If an exemption applies, we will:
- Clearly state which exemption has been used.
- Provide reasons for withholding the information.
- Conduct a public interest test (where required) to ensure fairness and transparency.
Seeking a Review
If you are not satisfied with the response to your FoI request, you have the right to request an internal review. You must request the internal review within 40 working days from the date you receive the response.
If you remain dissatisfied after the internal review, you can escalate your complaint to the Information Commissioner's Office (ICO).
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