Exemptions Under the Freedom of Information Act (FOIA)

Exemptions exist to protect information that should not be disclosed, for example because disclosing it would be harmful to another person or it would be against the public interest.

Under the FOIA, there are two different types of exemptions: absolute and qualified.

Absolute Exemptions

Absolute exemptions are those where the information can be withheld automatically without considering the public interest. Examples include:

• Section 21: Information Accessible to Applicant by Other Means
  • Information that is reasonably accessible to the applicant already, such as information available in the University's Publication Scheme
• Section 32: Court Records
  • Information contained only in documents created by courts or held by the University for court proceedings
• Section 40: Personal Information
  • Personal data where disclosure would breach one or more principles of the Data Protection Act
• Section 41: Information Provided in Confidence
  • Information given to the University in confidence, where disclosure would constitute an actionable breach of confidence
• Section 44: Prohibitions on Disclosure
  • Information whose disclosure is prohibited by other legislation

Qualified Exemptions

Qualified exemptions require a consideration of the public interest test (PIT). This means that even if an exemption applies, the information must still be disclosed unless the public interest in withholding it outweighs the public interest in disclosure. Examples include:

• Section 22: Information Intended for Future Publication
  • Information scheduled for future publication, such as data in the University's annual accounts
• Section 24: National Security
  • Information whose disclosure would prejudice national security
• Section 31: Law Enforcement
  • Information whose disclosure would, for example, prejudice the prevention or detection of crime
• Section 36: Free and Frank Discussions/Advice, Prejudice to Effective Conduct of Public Affairs
  • Information whose disclosure would prejudice the ability to have free and frank exchanges of views or to give free and frank advice, or would prejudice the effective conduct of public affairs
• Section 38: Health and Safety
  • Information whose disclosure would endanger the physical or mental health or safety of any person
• Section 42: Legal Professional Privilege
  • Information covered by legal professional privilege
• Section 43(2): Commercial Interests
  • Information whose disclosure would, or would be likely to, prejudice the commercial interests of the University or any other party

Need advice?

For more information or advice regarding FOIA  or EIR requests, please contact our FOI team at foi@derby.ac.uk.