In our commitment to be open and honest with the public; the Council will always address FOI requests with the intention of providing information. However, on some occasions FOI requests can be refused because its’ release may cause harm. This is when Exemptions apply.
The Freedom of Information Act 2000 (FOIA) identifies twenty-three ‘exemptions’ to releasing information. These ‘exemptions’ to release certain information fall into two categories; ‘Absolute’ and ‘Qualified’ exemptions:
Absolute Exemptions
The Council is not required to disclose information that falls within the description of an absolute exemption. Absolute exemptions include:
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Information accessible by other means (e.g. in the Publication Scheme)
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Court records
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Parliamentary privilege
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Personal information - links to Data Protection Act 1998
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Information provided in confidence
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Information prohibited by or under any enactment, incompatible with any community obligation, or which could be in contempt of court.
Qualified Exemptions
Qualified Exemptions are subject to the ‘public interest test’, where the Council must assess whether it is in the public interest to release or withhold that information. ‘Qualified' exemptions include:
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Information intended for future publication
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Investigations & proceedings conducted by public authorities
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Law enforcement
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Health & Safety
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Environmental information - links to the Environmental Information Regulations
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Legal professional privilege
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Commercial interests
If your FOI request meets one (or more) of these exemptions you will always be informed within 20 working days, and a full explanation of why that exemption applies will be provided.
Last Modified: Wednesday 21 March 2012