Exemptions to FOI Requests

For a public authority to withhold information requested under the act at least one of the two categories of exemption must apply.

Absolute Exemptions

These exemptions are unconditional, examples of these include information accessible by other means or information provided to the Council in confidence. The Council's Information Manager will make a decision with the support of a Legal representative (when appropriate) on the application of an absolute exemption in consultation with the Council Service holding the information requested.

Qualified Exemptions

This category of exemption is subject to a public interest test. East Herts Council is committed to releasing all information that it is in a position to do so. However in some cases there will be a requirement to withhold or release only part of the information requested e.g. on data protection grounds or where analysis of information or preparation of statistics is requested. In these cases the Council will look at whether the balance of public interest is weighted in favour of publishing the information requested. Where this is found to be the case the information requested will be provided to the applicant.

There are 23 exemptions under the Act. For more details see When can we refuse a request for information - ico website.