Exemptions under Freedom of Information
The Act recognises that there are grounds for withholding information, and provides a number of exemptions from the right to know. Qualified exemptions are subject to a public interest test - see the introductory page for more information. Many of the exemptions are unlikely to be used by universities.
Absolute Exemptions
Section 21 Information accessible by other means
Information accessible either outside the organisation, or for instance via the Publication Scheme or on the website. Advice should be given to the applicant as to where the information is held.
Section 23 Information supplied by, or relating to, bodies dealing with security matters
Information supplied by, or relating to, certain security organisations.
Section 32 Court records
Documents filed or placed in the custody of the court, or served upon or by the authority for court proceedings.
Section 34 Parliamentary privilege
Information which is unlikely to be held by anyone other than the Houses of Parliament, and central government.
Section 40 Personal information
Requests for information about the person making the request fall under the Data Protection Act, and are exempt under Freedom of Information. Third party data is exempt if it would breach any data protection principles.
Section 41 Information provided in confidence
The information, received from another person or organisation, would if released give rise to an actionable breach of confidence.
Section 44 Prohibitions on disclosure
The disclosure of this information is prohibited by other legislation.
Qualified Exemptions
Section 22 Information intended for future publication
The information will be published in the future. Drafts may need to be disclosed.
Section 24 National security
Relates to the safeguarding of national security.
Section 26 Defence
Refers to the defence of the British Isles and any colony, and the effectiveness of the armed forces.
Section 27 International relations
Refers to the interests of the UK abroad, and to its relations with another country.
Section 28 Relations within the UK
Refers to relations between government administrations within the UK.
Section 29 The economy
Applies to information which could prejudice the financial interests of the government or its administrations.
Section 30 Investigations & proceedings conducted by public authorities
Relates to information held for purposes of an investigation or proceedings, or obtained for investigative functions.
Section 31 Law enforcement
Information which would or would be likely to prejudice the purpose of law enforcement, including the prevention of and detection of crime.
Section 33 Audit functions
This exemption cannot be claimed by those organisations who are simply subject to audit. It is for those who audit others.
Section 35 Formulation of government policy
This would be information held by the government.
Section 36 Prejudice to effective conduct of public affairs
Disclosure of information must in the reasonable opinion of a qualified person, prejudice the effective conduct of public affairs. The qualified person within the university is the Vice Chancellor. This would apply where disclosure would prejudice the organisation’s ability to offer an effective public service, or meet its wider purpose or objectives.
Section 37 Communications with Her Majesty, etc and honours
Information relating to communications with the Queen, members of the Royal Family or Household, and the awarding by the Crown of honours and awards. It will include records of audiences with the Royal Family.
Section 38 Health and safety
Disclosure of the information would endanger or be a risk to the physical or mental health of an individual.
Section 39 Environmental information
Information covered by the Environmental Information Regulations, and thereby exempt under FOI.
Section 42 Legal professional privilege
The information is protected by a legal professional privilege which would be maintained in legal proceedings.
Section 43 Commercial interests
The information is a trade secret, or if released it would be likely to prejudice the commercial interests of a person or organisation.
Reviewed 26/07/11