Is there anything I can’t have?
FOI gives the rights of access to information; however in some instances we can withhold that information if an exemption applies. There are two types of exemption under FOI:
· Qualified Exemptions
· Absolute Exemptions
Where a qualified exemption applies, we are required to undertake a Public Interest Test where we must consider wther “ in all circumstances...the public interest in maintaining the exemption outweighs the public interest in disclosing it”.
If we decide that the public interest in disclosing the information is sufficient, then we will release the information; if we decide that the need to withhold the information outweighs the public interest in disclosing it, then we will contact you and explain our reasons for withholding it.
Examples of Exemptions
Absolute exemptions:
We are not required to undertake a public interest test when the information is requested is:
- Personal Information
- Information Provided in confidence.
- Information which is easily
accessible by other means; for
example via our Publication Scheme.
- Information otherwise prohibited from
release by law
Qualified Exemptions:
A Public interest test is required where the information might be withheld on the grounds of:
· Health and safety
· Legal Professional Privilege
· Commercial Interests