Exemptions

Sometimes the Council cannot share certain information that is requested. This is because the Freedom of Information Act (FOI) and the Environmental Information Regulations (EIR) allow some information to be withheld.

There are:

• 23 exemptions under the FOI Act (some are absolute and some are qualified)
• 12 exceptions under the EIR (all are qualified).

Information may be withheld to protect personal details, confidential information, or for legal reasons — for example, if sharing it would break the Data Protection Act.

Absolute exemptions

If an absolute exemption applies, the Council does not have to:

• Release the information, or
• Confirm whether the information is held.

Examples include:

• Information that is already available elsewhere
• Information linked to national security
• Court or tribunal records
• Personal information
• Information given in confidence.

Qualified exemptions or exceptions

If a qualified exemption or exception applies, the Council must carry out a public interest test. This means the Council decides whether it is better for the public to share or withhold the information. The information will only be withheld if it is in the public’s best interest to do so.

Examples include:

• Ongoing investigations or legal proceedings
• Information that could affect law enforcement
• Information that could risk someone’s health or safety
• Legal advice or professional privilege
• Commercial information or trade secrets.

If the Council withholds information using an exemption or exception, you have the right to ask for a review of the decision.