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Freedom of Information Exemptions
For a public authority to withhold information requested under the act at least one of the two categories of exemption must apply, the two categories are absolute exemptions and qualified exemptions.
Absolute Exemptions
These exemption are unconditional and examples of these include, information accessible by other means and information provided to the Council in confidence.
Qualified Exemptions
This category of exemption is subject to a public interest test.
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.
Qualified exemptions include commercially sensitive information and information that would prejudice the health and safety of an individual.
Further examples of the 23 exemptions under the Act include:
- personal information relating to individuals (this is covered by the Data Protection Act 1998)
- information about the environment (this can be accessed under the Environmental Information Regulations)
- where release of information will be damaging to individuals or to businesses
- where the health and safety of individuals or communities may be compromised
- where release of information may prejudice a future decision
The application of each of the exceptions, including the Public Interest Test must be reviewed prior to the publication of any information in response to a request for information. When required the Council will make these decisions by convening a panel of trained FOI Officers who will review the information requested by the applicant and decide whether or not it is in one or more of the exceptions apply to all or part of the information.
Further information on Exemptions
A full list of the exemptions (together with guidance notes) is published by the Department Of Constitutional Affairs (click here).
Details of the Council's internal procedures can requested from the FOI Co-ordinator at service@north-herts.gov.uk, alternatively for full contact details (click here).