Northumbria University - Exemptions
Exempt Information
Under the Freedom of Information Act 2000, some information requests may ask for
information that is classed as ‘exempt’ from disclosure.
Below is an explanation of the possible exemptions that might be applied.
The Public Interest Test
The Freedom of Information Act provides that the University may be required to
disclose information, even where an exemption applies, if the public interest in
disclosure outweighs the public interest in maintaining the exemption.
The Exemptions
Exempt information falls into two categories.
Absolute Exemptions
Absolute exemptions do not require the University to consider disclosure in the public
interest, nor is it required to state whether or not the information in question is held.
Qualified Exemptions
Qualified exemptions are exemptions where the University has to consider the public
interest in confirming or denying that the information exists and in disclosing
information.
Only in cases where it is considered to be in the public interest to withhold the
information will we refuse to disclose. Any response to a request for information that
is withheld as a qualified exemption will include a full explanation as to why the
information is exempt.
Absolute Exemptions
Section
21. Information accessible to
applicants by other means
23. Information dealing with security
matters either supplied by, or relating
to bodies dealing with such matters
32. Court records
34. Parliamentary Privilege
Definition
Any information which can be reasonably
obtained by another route, even if this
would attract a charge, is exempt. (e.g.
the publication scheme)
Information is exempt from disclosure if
it was supplied by, or relates to, any of a
number of security organisations
This refers to documents filed or placed
in the custody of the court, or served
upon or by the authority for court
proceedings.
This is information which is unlikely to
be held by anyone other than the Houses
of Parliament, and central government.
Northumbria University - Exemptions
34. Parliamentary Privilege
This is information which is unlikely to
be held by anyone other than the Houses
of Parliament, and central government.
40. Personal Information
If the request is for information about the
person making the request, then this
should be a Data Protection request, not
Freedom of Information. If it is for third
party data, it is exempt if it would breach
any data protection principles.
41. Information provided in confidence
44. Prohibitions on disclosure by any
enactment, incompatibility with any
Community obligation or contempt of
court
Consideration must be made, however, as
to if the information requested is about
the person’s business life, relating to their
work, as opposed to their private life. A
request for third party data will fall under
the Qualified Exemption category.
It could be that the information, which
would have been received from another
person or organisation, would if released
give rise to an actionable breach of
confidence.
This applies to information which the
disclosure of is prohibited by other
legislation. It could apply to information
received during a procurement process
which is conducted under EU
Procurement Rules, for example.
Qualified Exemptions
Section
22. Information intended for future
publication
24. National security
26. Defense
Definition
Information held by an authority which is
intended for future publication, is exempt
from disclosure in any case where it is
reasonable that it should not be disclosed
until the intended date of publication. If
a publication exists in draft format we
may still need to disclose.
The date for publication does not have to
have been determined but there must
however be some evidence to substantiate
the claim that, at the time the request is
made, there was a settled intention to
publish.
Relates to the safeguarding of national
security
This refers to the defence of the British
Northumbria University - Exemptions
27. International relations
28. Relations within the UK
29. The economy
Isles and any colony, and the
effectiveness of the armed forces.
This refers to the interests of the UK
abroad, and to its relations with another
country. It could affect universities’
international relations and strategic
alliances for research and attracting
funding.
This refers to relations between
government administrations within the
UK.
This applies to information which could
prejudice the financial interests of the
government or its administrations.
This would relate to information held for
purposes of an investigation or
proceedings, or obtained for investigative
functions.
This is information which would or
31. Law enforcement
would be likely to prejudice the purpose
of law enforcement, and this includes the
prevention of and detection of crime.
This exemption cannot be claimed by
33. Audit functions
those organisations who are simply
subject to audit. It is for those who audit
others.
This would be information held by the
35. Formulation of government policy
government.
It must in the reasonable opinion of a
36. Prejudice to effective conduct of
qualified person, prejudice the effective
public affairs
conduct of public affairs. The qualified
person within the university will be the
Vice Chancellor. This would apply where
disclosure would prejudice the
organisation’s ability to offer an effective
public service, or meet its wider purpose
or objectives.
37. Communications with Her Majesty, This covers information relating to
communications with the Queen,
etc and honours
members of the Royal Family or
Household, and the awarding by the
Crown of honours and awards. It will
include records of audiences with the
Royal Family
If disclosure would endanger or be a risk
38. Health and safety
to the physical or mental health of an
individual.
30. Investigations & proceedings
conducted by public authorities
Northumbria University - Exemptions
39. Environmental information
42. Legal professional privilege
43. Commercial interests
This would be likely to be covered by the
Environmental Information Regulations,
and thereby exempt under FOI.
If the information is protected by a legal
professional privilege which would be
maintained in legal proceedings.
It could be that the information is a trade
secret, or that if released it would be
likely to prejudice the commercial
interests of a person or organisation.