Freedom of Information Act - Exemptions

Here is a guide to the key exemptions in the Freedom of Information Act which may cause your request to be denied. A more detailed explanation can be found in the Association of Chief Police Officers' National Manual of Guidance for the Police Service.

Qualified: Apply Public Interest test

Prejudiced-based: Evidence harm in disclosure

See also General Notes at bottom of table

Section Exemption Type Type
Section 21 Information accessible by other means Absolute Class-based
Section 22 Information intended for future publication Qualified Class-based
Section 23 Information supplied by, or relating to, bodies dealing with security matters Absolute Prejudice-based
Section 24 National security Qualified Prejudice-based
Section 26 Defence Qualified Prejudice-based
Section 27 (1) International relations Qualified Prejudice-based
Section 27 (2) International relations Class-based
Section 28 Relations within the UK Qualified Prejudice-based
Section 29 The economy Qualified Prejudice-based
Section 30 Investigations and proceedings conducted by the public authority Qualified Class-based
Section 31 Law enforcement Qualified Prejudiced-based
Section 32 Court records Absolute Class-based
Section 33 Audit functions Qualified Prejudiced-based
Section 34 Parliamentary privilege Absolute Class-based
Section 35 Formulation of government policy Qualified Class-based
Section 36 Prejudice to the effective conduct of public affairs Qualified Prejudiced-based
Section 37 Communication with Her Majesty etc and honours Qualified Class-based
Section 38 Health and Safety Qualified Prejudiced-based
Section 39 Environmental Information Qualified Class-based
Section 40 Personal Information Absolute Class-based
Section 41 Information provided in confidence Absolute Class-based
Section 42  Legal professional privilege Qualified Class-based
Section 43 (1) Commercial interests Qualified Class-based
Section 44 Prohibitions on disclosure Absolute Class-based

Class-based exemptions are where all information falling into that particular class is exempt from disclosure. In general terms, disclosure of information is excluded, regardless of whether it would be harmful to the police or not.

Prejudice-based exemptions means there is an obligation on behalf of the public authority to demonstrate that the disclosure of the information in question would, or would be likely to have, a specified prejudicial effect or identifiable harm. They come into effect when the disclosure of information would have a specified prejudicial effect (actual, real or substance). When there are no prejudicial effects, the information must be released.

Qualified exemptions must be considered with reference to the Public Interest test. This refers to: Considerations affecting the good order and functioning of a community, government and public service affairs; and Common benefit to be derived by all members of a community (or a substantial part) and for their benefit