Exemptions

Qualified exemptions

Qualified exemptions are those which will only apply where pressing public interest arguments can be made for withholding the information (the public interest in withholding it is greater than the public interest in releasing it).  
 
They are:
 

Section 22

Information intended for future publication.

Section 24

National security (other than information supplied by or relating to named security organisations where the duty to consider disclosure in the public interest does not apply .

Section 26

Defence.

Section 27

International relations.

Section 28

Relations within the United Kingdom.

Section 29

The economy.

Section 30

Investigations and proceedings conducted by public authorities.

Section 31

Law enforcement.

Section 33

Audit functions.

Section 35

Formulation of government policy.

Section 36

Prejudice to effective conduct of public affairs (except information held by the House of Commons or the House of Lords).

Section 37

Communications with Her Majesty, etc and honours.

Section 38

Health and Safety.

Section 39

Environmental information as this can be accessed through the Environmental Information Regulations.

Section 40

Personal Information as there is already access to such information under the DPA. Personal data about other people cannot be released if to do so would breach the DPA.

Section 41

Legal professional privilege

Section 43

Commercial interests.
 
Where a public authority considers that the public interest in withholding information requested outweighs the public interest in releasing it, the authority must inform the applicant of its reasons, unless to do so would mean releasing the exempt information.

Absolute exemptions

Absolute exemptions are those where the public interest test does not apply and the public authority may withhold the information without considering any public interest arguments.

Section 21

Information accessible to applicant by other means.

Section 23

Information supplied by, or relating to, bodies dealing with security matters.

Section 32

Court records, etc.

Section 34

Parliamentary privilege.

Section 36

Prejudice to effective conduct of public affairs.

Section 40

Personal information.

Section 41

Information provided in confidence.

Section 44

Prohibitions on disclosure where a disclosure is prohibited by an enactment or would constitute contempt of court.