There are 23 exemptions that mark out the limits of the right of access to information under the Freedom of Information Act. If information is properly exempt then there is no right of access. The exemptions ensure a proper balance is achieved between the right to know, the right to personal privacy and the delivery of effective government.

Qualified exemptions

When a qualified exemption is engaged, we are required to apply the public interest test to the relevant information. The information will be released to you if the public interest test favours this. We will cite a qualified exemption under the Act if we judge that the public interest test favours withholding some or all of the information you have requested. We will also explain our reasons for withholding the information.

Absolute exemptions

Information is automatically exempt from release if it engages an absolute exemption. We are not required to apply the public interest test.

More about exemptions

Access to information legislation is about providing the framework within which decisions can be made on where the balance of public interest lies. The exemptions in the Act ensure that we take decisions to release or withhold information with the interest of the public as a whole firmly in mind. We treat all requests under the FOIA on a case by case basis.

For example, officials may need to consider the following factors when assessing information:

• The content of the information
• The effect that releasing the information would have, for example, on national security or international relations
• The source of the information
• The reason the information was recorded

The FOIA also recognises that releasing certain information may at the time of the request be harmful to the wider public interest. For example, where:

• releasing the information might be harmful to an important public interest, such as national security or international relations
• release of the information is prohibited by statute
• responding to the request might involve providing personal information about other individuals, or
• releasing the information might breach a duty of confidentiality.

You can get more information about exemptions in the Freedom of Information Act from the following websites:

Minsitry of Justice exemptions guidance

Information Commissioners Office